Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and KashEdge AI ("Company", "we", "us", or "our") concerning your access to and use of our website, services, and products.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our services.

KashEdge AI provides data engineering, data analytics, artificial intelligence, machine learning, and related consulting and implementation services ("Services"). Our Services include but are not limited to:

• Data pipeline development and implementation
• Data warehouse design and optimization
• Business intelligence and analytics solutions
• Machine learning model development and deployment
• Large Language Model (LLM) integration and customization
• MLOps and AI operations consulting
• Technical consulting and advisory services

3.1 Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the entity you represent. By using our Services, you represent and warrant that you meet these requirements.

3.2 Account Responsibilities

If you create an account with us, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring all information provided is accurate and current

3.3 Prohibited Activities

You agree not to:

• Use our Services for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our Services
• Transmit any viruses, malware, or malicious code
• Collect or harvest any information from our Services without permission
• Impersonate any person or entity or misrepresent your affiliation
• Use automated systems to access our Services without authorization

4.1 Our Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof ("Company Content"), are the exclusive property of KashEdge AI and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Client Property

You retain all rights to your data, content, and materials provided to us ("Client Content"). By providing Client Content, you grant us a limited license to use, process, and store such content solely for the purpose of providing Services to you.

4.3 Work Product

Ownership of deliverables, custom solutions, and work product shall be defined in individual service agreements or statements of work. Unless otherwise specified in writing, all custom work product created specifically for you shall become your property upon full payment.

5.1 Fees

Fees for our Services will be specified in individual proposals, contracts, or statements of work. All fees are in U.S. Dollars unless otherwise specified.

5.2 Payment Terms

Unless otherwise agreed in writing, payment terms are net 30 days from invoice date. Late payments may be subject to interest charges of 1.5% per month or the maximum rate permitted by law, whichever is less.

5.3 Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental assessments. You are responsible for paying all such taxes except those based on our net income.

Both parties agree to maintain the confidentiality of all confidential information disclosed during the course of our relationship. Confidential information includes, but is not limited to:

• Business strategies, financial information, and trade secrets
• Technical data, source code, and proprietary algorithms
• Client data, customer lists, and marketing strategies
• Any information marked or identified as confidential

Confidential information shall not include information that: (a) is publicly available through no breach of this agreement; (b) was rightfully known prior to disclosure; (c) is independently developed; or (d) is rightfully obtained from a third party without confidentiality obligations.

7.1 Service Warranty

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. If Services fail to meet this warranty, we will re-perform such Services at no additional cost.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that our Services will be uninterrupted, error-free, or completely secure. We are not responsible for delays, failures, or problems inherent in the use of the internet and electronic communications.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KASHEDGE AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS 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, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

Our total liability for any claims arising out of or related to these Terms or our Services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim, or $1,000 USD, whichever is greater.

You agree to indemnify, defend, and hold harmless KashEdge AI and its officers, directors, employees, contractors, 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 violation of any law or the rights of a third party
• Your use or misuse of our Services
• Your Client Content or data provided to us

10.1 Term

These Terms commence when you first access our Services and continue until terminated in accordance with these Terms.

10.2 Termination by You

You may terminate these Terms at any time by discontinuing use of our Services and providing written notice to us.

10.3 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including breach of these Terms.

10.4 Effect of Termination

Upon termination, your right to use our Services will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter through good faith negotiations.

11.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law provisions.

11.3 Jurisdiction

You agree to submit to the personal and exclusive jurisdiction of the courts located in Flathead County, Montana for the resolution of any disputes.

12.1 Entire Agreement

These Terms, together with any additional agreements, proposals, or statements of work, constitute the entire agreement between you and KashEdge AI regarding our Services and supersede all prior agreements and understandings.

12.2 Amendments

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after such changes constitutes acceptance of the new Terms.

12.3 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.

12.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.5 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice.

12.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, 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.