Terms & Conditions

1. Acceptance of terms

These Terms & Conditions (“Terms”) govern your access to and use of kernova.ai (the “Site”) and the Kernova AI optimization platform (the “Service”), provided by Kernova AI (“Kernova”, “we”, “us”). By accessing the Site or using the Service, you agree to these Terms.

If you use the Service on behalf of a company, you represent that you are authorized to bind that company, and “you” refers to that company.

This document is a template prepared for the Kernova AI website launch. Before publishing, have it reviewed by qualified legal counsel and replace bracketed placeholders with your registered entity details.

2. The Service

Kernova provides AI-assisted profiling, generation, and validation of GPU kernels for workloads you submit. Features may evolve during early access; we will give reasonable notice of material changes.

Early access is granted at our discretion, may be limited in scope or duration, and may be subject to additional order forms or pilot agreements that prevail over these Terms in case of conflict.

3. Accounts and acceptable use

You are responsible for activity under your account and for keeping credentials confidential.

You agree not to: reverse-engineer the Service except as permitted by law; submit workloads you have no right to process; attempt to bypass security or rate limits; or use the Service to develop a competing product.

We may suspend access for breach, security risk, or unlawful use, with notice where practicable.

4. Your data and generated kernels

You retain all rights to the workloads, traces, and models you submit (“Customer Data”). You grant Kernova a limited license to process Customer Data solely to provide the Service.

Kernels generated for you by the Service are assigned to you upon payment of applicable fees, excluding Kernova's underlying models, tooling, and know-how, which remain ours.

You are responsible for reviewing validation reports and testing generated kernels in your own environment before production use.

5. Intellectual property

The Site, Service, documentation, branding, and all related intellectual property are owned by Kernova AI and its licensors. These Terms grant no rights except the limited right to use the Service as intended.

Feedback you provide may be used by Kernova without restriction or compensation.

6. Fees and payment

Early-access usage may be free or discounted as communicated at onboarding. Paid plans are billed in advance, are non-refundable except as required by law, and exclude taxes, which you are responsible for.

We may change pricing with at least 30 days' notice; changes apply from the next billing period.

7. Confidentiality

Each party may receive non-public information from the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it to third parties except to bound subprocessors or as required by law.

These obligations survive for 3 years after termination; trade secrets remain protected for as long as they qualify as such.

8. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Performance improvements depend on your workloads and hardware. Demo figures on the Site are illustrative and do not constitute a guarantee of results.

9. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.

Kernova's aggregate liability under these Terms is capped at the amounts you paid to Kernova in the 12 months preceding the claim, or EUR 100 for free usage.

Nothing in these Terms limits liability that cannot be limited by law.

10. Term and termination

These Terms apply while you use the Site or Service. You may stop using the Service at any time; we may terminate or suspend access for the reasons in Section 3 or with 30 days' notice.

Upon termination, your right to use the Service ends and we will delete Customer Data per our Privacy Policy retention schedule.

11. Governing law and disputes

These Terms are governed by the laws of [governing jurisdiction to be added before launch], excluding conflict-of-law rules. Disputes will be resolved in the courts of that jurisdiction, unless mandatory consumer law provides otherwise.

12. Miscellaneous

We may update these Terms with at least 14 days' notice for material changes. Continued use after the effective date constitutes acceptance.

If any provision is unenforceable, the remainder stays in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale.

Contact: legal@kernova.ai.