Terms and Conditions

Kahana Group Inc. Terms of Service

Last Updated: January 1st, 2026

We appreciate your interest in Kahana Group Inc. (referred to as "Kahana," "we," "our," or "us") and our website located at https://kahana.co/, together with our associated websites, downloadable applications, and additional services we provide (collectively referred to as the "Service"). These Terms of Service constitute a legally binding agreement between you and Kahana that governs your access to and use of the Service.

Please read carefully

BY CLICKING "I ACCEPT" OR BY DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, INCLUDING KAHANA'S PRIVACY POLICY (COLLECTIVELY, THESE "TERMS"), AND YOU AGREE TO BE BOUND BY THEM AS A CONDITION OF YOUR USE OF THE SERVICE. IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS OR DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE. YOUR USE OF THE SERVICE, COUPLED WITH KAHANA'S PROVISION OF THE SERVICE TO YOU, ESTABLISHES A MUTUAL AGREEMENT BETWEEN YOU AND KAHANA TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Subject to certain exceptions set forth in Section 17 (Dispute Resolution and Arbitration), you agree that any disputes arising under these Terms shall be resolved through binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND KAHANA EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Oasis Service Overview

Oasis is an enterprise-grade browser solution that incorporates artificial intelligence assistants designed to enhance research workflows and support ergonomic work practices. The Service enables you to use natural language commands to control your browsing experience, such as opening new tabs, performing searches, creating tab groups, accessing your saved memory and context, and organizing tabs in split-view layouts. These features are designed to improve context switching, preserve focus, and reduce cognitive load during research and work activities. Oasis helps streamline research workflows by allowing you to manage multiple information sources simultaneously, maintain context across different websites and applications, and automate repetitive browsing tasks across enterprise dashboards and commonly used business tools.

2. Eligibility

The Service is available only to individuals who are at least 18 years of age. By accepting these Terms, you represent and warrant that: (a) you have reached the age of 18; (b) you have not been previously suspended or removed from the Service; and (c) your registration and use of the Service comply with all applicable laws and regulations. If you are accepting these Terms on behalf of an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they possess the necessary authority to bind such entity, organization, or company to these Terms, and you agree to be bound by these Terms.

3. Accounts and Registration

Access to certain features of the Service requires you to create an account or authenticate using supported third-party identity provider accounts (such as Google or GitHub). During the registration process, you may be asked to provide certain information about yourself, including your email address and other contact details. You agree to provide accurate, complete, and truthful information, and you agree to maintain and update such information to ensure it remains accurate and current.

As part of the registration process, you will be required to create a password. Kahana may permit users to access the Service using authentication credentials from supported third-party identity provider accounts (referred to as a "Login"). By utilizing your Login, you grant Kahana permission to access and use certain information from your Login account in accordance with our Privacy Policy, which may include your name, email address, and other information as described therein.

You bear sole responsibility for maintaining the security and confidentiality of your Login credentials, and you accept full responsibility for all activities that occur under your Login, regardless of whether such activities are authorized by you. You are also responsible for all activities conducted through your account. Kahana reserves the right, in its sole discretion, to disable or suspend your Login at any time and for any reason.

You acknowledge and agree that your use of third-party Login services is also governed by the terms of service and privacy policies of the applicable third-party provider. Kahana does not make any representations or warranties regarding the security or privacy practices of any third-party identity providers. If you suspect that your account has been compromised or is no longer secure, you must immediately notify us by contacting us through our contact form.

4. Payment Terms

4.1. Payment Terms Generally

Some features of the Service may be subject to fees. Prior to making any payment, you will be presented with the applicable fees and given the opportunity to review and accept them before being charged. All fees are denominated in U.S. Dollars and, unless otherwise expressly stated in these Terms, are non-refundable, except where required by applicable law or as Kahana may determine in its sole discretion.

4.2. Pricing

Kahana retains the exclusive right to establish pricing for the Service. Your usage of the Service will be tracked and deducted from your purchased credit balance. Kahana will use commercially reasonable efforts to alert you when your purchased credits are nearing depletion. Should your usage exceed your purchased credits, Kahana may restrict your access to the Service until you purchase additional credits. Kahana will make reasonable efforts to maintain current pricing information on the Service and on Kahana's pricing page located at kahana.co/pricing. We recommend that you periodically review our website for the most current pricing information. Kahana may modify fees for any Service feature, including implementing new fees or charges, provided that Kahana gives you advance notice of such changes before they become effective. Kahana may, in its sole discretion, extend promotional offers with varying features and pricing to any of its customers. Such promotional offers, unless specifically extended to you, do not apply to your subscription or these Terms.

4.3. Payment Authorization

You grant Kahana authorization to charge all amounts due for orders you place and any Service tier you select, as set forth in these Terms or as published by Kahana, including all applicable taxes, to the payment method associated with your account. If you choose to pay fees using a credit card, Kahana may request pre-authorization of your credit card account before processing your purchase to confirm that the credit card is valid and contains sufficient funds or available credit to complete the transaction.

4.4. Subscription Services

The Service may offer subscription-based plans that include automatically recurring payments for periodic charges (referred to as "Subscription Service"). Your "Subscription Billing Date" is the date on which you first purchase a subscription to the Service. The Subscription Service commences on the Subscription Billing Date and continues for the subscription period you choose in your account (the "Initial Subscription Period"). The Subscription Service will automatically renew for successive periods of equal duration to the Initial Subscription Period (each such period, together with the Initial Subscription Period, constituting a "Subscription Period") unless you cancel your subscription or we terminate it.

To avoid being charged for the next Subscription Period, you must cancel your subscription prior to its renewal date. The periodic Subscription Fee will be charged to the payment method you provided during registration (or to an updated payment method if you modify your payment information). You may cancel your Subscription Service at any time via Stripe, from the Oasis pricing page, by contacting us through our contact form, or by emailing us at [email protected].

Kahana reserves the right to modify the Subscription Fee for any Subscription Service or to introduce new fees or charges at any time, provided that Kahana gives you advance notice of such changes. If you do not wish to continue your subscription after any such change, you may cancel your subscription in the manner described above.

4.5. Payment Processors

Kahana may engage third-party payment processing services (each, a "Payment Processor") to handle payment transactions processed through the Service. When you use the Service and make payments, you agree to be bound by the terms and conditions and privacy policies of the Payment Processor that processes your transaction. You acknowledge that the Payment Processor may collect, store, and process certain personal and financial information from you, such as your payment card details, billing address, and transaction records, all in accordance with the Payment Processor's privacy policy. Such information is collected and processed by the Payment Processor to enable payment processing and to help prevent fraudulent transactions.

Kahana assumes no responsibility for any security breaches, data breaches, or unauthorized access to your information that may occur on or through the Payment Processor's systems or platforms. When Kahana uses a Payment Processor to handle transactions, you agree to abide by the terms of service and platform agreement applicable to that Payment Processor. To the maximum extent allowed by applicable law, Kahana shall not be held liable for any errors, omissions, data loss, or security incidents that relate to or arise from the Payment Processor's services or systems. Any disputes, claims, or issues concerning payment processing must be resolved directly with the Payment Processor in accordance with the Payment Processor's terms of service.

Kahana may engage Stripe, Inc. (referred to as "Stripe") to serve as our Payment Processor. Stripe's website is located at https://stripe.com. For detailed information about Stripe's services, terms, and privacy practices, please review the following resources: Stripe's consumer services agreement available at https://stripe.com/legal/consumer and Stripe's privacy policy available at https://stripe.com/privacy. You acknowledge that the Payment Processor may update, modify, or change its services, terms, and conditions at any time without notice. Kahana is not responsible for any such changes made by the Payment Processor that may impact your ability to use the Service. Kahana retains the right to replace or change its Payment Processor at any time in its sole discretion.

4.6. Account Delinquency

Kahana reserves the right to suspend or terminate your access to the Service, including all fee-based features and functionality, for any account that has outstanding unpaid amounts. In addition to the principal amount owed for the Service, accounts that become delinquent may be subject to additional fees and charges incurred in connection with chargebacks, payment disputes, or collection efforts, including but not limited to collection agency fees and administrative costs. In the event that your designated payment method becomes invalid, expired, or otherwise fails at the time a Subscription Fee renewal is attempted, Kahana reserves the right, in its sole discretion, to delete your account and permanently remove all information and User Content (as defined in Section 8) associated with your account, and Kahana shall have no liability to you for such deletion or removal.

5. Licenses

5.1. License Grant

Provided that you fully and continuously comply with these Terms, Kahana hereby grants to you, for your personal use only, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: install and use a single object code copy of any downloadable application that is part of or associated with the Service; and to access and utilize the Service.

5.2. Restrictions on License

To the extent permitted by applicable law, you are prohibited from: reproducing, distributing, publicly displaying, publicly performing, or creating derivative works based on the Service; modifying the Service in any way; or interfering with, bypassing, or circumventing any feature, security measure, or access control mechanism of the Service. If applicable law prohibits you from using the Service, you may not use the Service.

5.3. Feedback

We value the input, suggestions, and comments from our users. By providing any input, suggestions, or comments regarding the Service's existing functionalities, any problems you encounter, or any proposed modifications or improvements to the Service (collectively, "Feedback"), you hereby grant to Kahana an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use, exploit, and commercialize the Feedback in any manner and for any purpose whatsoever, including without limitation to enhance the Service and to develop other products and services. Kahana has no obligation to provide you with any attribution or credit for any Feedback you provide.

6. Ownership and Proprietary Rights

Kahana owns and operates the Service. All visual interfaces, graphics, designs, compilations, information, data, computer code (whether source code or object code), products, software, services, and all other components of the Service (collectively, the "Materials") are protected by intellectual property laws and other applicable legal protections. All Materials contained in the Service are owned by Kahana or its third-party licensors.

You may not use the Materials except as expressly permitted by Kahana. Kahana retains all rights in the Materials that are not expressly granted to you in these Terms.

7. Third-Party Terms

7.1. Third-Party Services and Website Links

Kahana may offer functionality through the Service that allows you to export information, including User Content, to third-party services. By utilizing any such functionality, you grant Kahana permission to transmit such information to the applicable third-party service. Third-party services operate outside of Kahana's control, and, to the maximum extent allowed by applicable law, Kahana assumes no responsibility for how any third-party service uses or handles your exported information. The Service may also include links to third-party websites. Such linked websites are beyond Kahana's control, and Kahana disclaims all responsibility for their content, accuracy, or practices. You should review the terms of use and privacy policy of any third-party services before sharing any User Content or information with such services. After information is shared with a third-party service, Kahana will have no control over or responsibility for such information.

7.2. Third-Party Software

The Service may contain or utilize third-party software components that are typically available at no cost under licenses that provide recipients with extensive rights to copy, modify, and distribute those components (referred to as "Third-Party Components"). While the Service is provided to you subject to these Terms, no provision of these Terms shall prevent, restrict, or be construed to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or from limiting your use of Third-Party Components in accordance with those third-party licenses.

8. User Content

8.1. User Content Overview

Some features of the Service may allow users to submit, upload, publish, broadcast, or otherwise transmit (referred to as "Post" or "Posting") content to the Service, such as messages, reviews, created companions, data, text, and any other works of authorship or other materials (collectively, "User Content"). You maintain ownership of any copyright and other proprietary rights that you possess in the User Content that you Post to the Service, subject to the licenses that you grant in these Terms.

8.2. License Grant to Kahana

When you Post User Content to or through the Service, you hereby grant to Kahana a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up right and license (including the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform, communicate to the public, reproduce, modify for formatting purposes, create derivative works as permitted in these Terms, and distribute your User Content, whether in whole or in part, in any media formats and through any media channels, whether currently existing or developed in the future, for the purposes of (i) providing the Service and (ii) deriving or generating information, including technical logs, data, and insights regarding use of the Service (referred to as "Operation Data"). Kahana may store, use, and/or process your User Content and Operation Data for its internal business purposes. You agree that you will be responsible for paying all amounts owed to any person or entity that arise from your Posting of User Content or from Kahana's exercise of the license granted in this Section.

8.3. Rights to Posted Content; Representations and Warranties

You are prohibited from Posting User Content if you do not own or are not fully authorized to grant rights in all elements of that User Content. Kahana disclaims all liability related to User Content. You bear sole responsibility for your User Content and for all consequences that result from providing User Content through the Service. By providing User Content through the Service, you affirm, represent, and warrant to Kahana that:

• (a) you are the creator and owner of the User Content, or you possess the necessary licenses, rights, consents, and permissions to authorize Kahana and Service users to use and distribute your User Content as required to exercise the licenses you grant in this Section, consistent with how Kahana, the Service, and these Terms contemplate such use;
• (b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: infringe upon, violate, misappropriate, or otherwise breach any third party's rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; slander, defame, libel, or infringe upon the right of privacy, publicity, or other property rights of any other person; or cause Kahana to violate any law or regulation or require Kahana to obtain additional licenses from or pay royalties, fees, compensation, or other amounts to, or provide attribution to, any third parties; and
• (c) a reasonable person would not consider your User Content to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

8.4. Disclaimer Regarding User Content

Kahana has no obligation to edit, review, or control User Content that you or other users Post and assumes no responsibility or liability whatsoever for User Content. Notwithstanding the foregoing, Kahana may, at any time and without prior notice, screen, remove, edit, or block any User Content that Kahana, in its sole judgment, determines violates these Terms, is alleged to infringe upon third-party rights, or is otherwise objectionable. You acknowledge that, when using the Service, you will encounter User Content from various sources and understand that such User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable right or remedy that you have or may have against Kahana relating to User Content. If Kahana receives notice from a user or content owner that User Content allegedly fails to conform to these Terms, Kahana may investigate such allegation and decide in its sole discretion whether to remove the User Content, and Kahana reserves the right to remove such content at any time and without notice. For the avoidance of doubt, Kahana does not allow infringing activities on the Service.

8.5. Content Monitoring

Kahana is not obligated to actively monitor or review User Content that users upload or generate on the Service, third-party content that is made available through the Service, or the manner in which users interact with or use the Service. Notwithstanding the foregoing, you acknowledge and agree that Kahana retains the right to monitor, and may choose to monitor from time to time, any information that flows through the Service, whether transmitted or received, for operational, security, and other legitimate business purposes. In the event that Kahana decides to engage in monitoring activities, such monitoring does not create any responsibility or liability on Kahana's part for the content being monitored or for any losses or damages that may arise from the use of such content. Any information that is subject to monitoring may be reviewed, recorded, copied, and utilized in accordance with our Privacy Policy (as defined below). Kahana reserves the right to block, filter, mute, remove, or disable access to any User Content that is uploaded to or transmitted through the Service, and Kahana disclaims all liability to the user who Posted such User Content and to all other users of the Service in connection with such actions.

9. Communications

By creating an account, you consent to receive communications from Kahana, which may be sent via email or other electronic means. These communications may include account-related notices and information pertaining to the Service. You may unsubscribe from promotional communications by following the unsubscribe instructions contained in such communications.

You agree that all agreements, notices, disclosures, and other communications that Kahana delivers to you electronically will satisfy any legal requirement that such communications be provided in written form.

10. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

• 10.1. utilize the Service for any unlawful purpose or in a manner that violates any local, state, national, or international law or regulation;
• 10.2. violate the privacy of any third party or exploit or cause harm to children;
• 10.3. participate in any activity that is unlawful, threatening, deceptive, or defamatory, or that promotes violence;
• 10.4. attempt to "hack," gain unauthorized access to, interfere with, or establish unauthorized connections to the services and/or any computer system;
• 10.5. harass, threaten, demean, embarrass, bully, or cause harm to any other user of the Service;
• 10.6. infringe upon, encourage others to infringe upon, or provide guidance on how to infringe upon, any third party's rights, including by infringing or misappropriating any third party's intellectual property rights;
• 10.7. access, search, or otherwise utilize any portion of the Service using any engine, software, tool, agent, device, or mechanism (such as spiders, robots, crawlers, and data mining tools) other than the software or search agents that Kahana provides;
• 10.8. interfere with or compromise security-related features of the Service, including by: disabling or bypassing features that prevent or restrict use, printing, or copying of content; or reverse engineering or otherwise seeking to discover the source code of any portion of the Service, except where such activity is expressly authorized by applicable law;
• 10.9. disrupt the operation of the Service or interfere with any user's ability to enjoy the Service, including by: uploading or otherwise distributing any virus, adware, spyware, worm, or other malicious software or code; sending unsolicited offers or advertisements to other users of the Service; collecting personal information about another user or third party without their consent; or interfering with or disrupting any network, equipment, or server that is connected to or used to provide the Service;
• 10.10. engage in any fraudulent activity, including impersonating any person or entity, misrepresenting your affiliation or identity, gaining unauthorized access to any other Service account, or providing false information regarding your age or date of birth;
• 10.11. sell, transfer, or otherwise assign the access rights granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)), or any right or ability to view, access, or use any Materials;
• 10.12. attempt to perform any of the acts described in this Section 10 (Prohibited Conduct), or assist, encourage, or permit any person to engage in any of the acts described in this Section 10 (Prohibited Conduct);
• 10.13. use the Service to implement any practices that are prohibited under Article 5 of the EU Artificial Intelligence Act (Regulation (EU) 2024/1689) (the "AI Act") or that are classified as high-risk under Article 6 of the AI Act, or to transform the Service into a High-Risk AI System as that term is defined in the AI Act; or
• 10.14. use the Service to participate in any of the following practices:

• a. Employing subliminal, manipulative, or deceptive techniques that alter a person's behavior in a manner that prevents them from making informed decisions and that is likely to result in harm;
• b. Taking advantage of vulnerabilities of individuals based on their age, disability, or socio-economic circumstances;
• c. Developing or expanding databases used for facial recognition purposes;
• d. Performing biometric identification activities;
• e. Assessing or categorizing individuals based on their social behavior or personal characteristics (including social scoring or predictive profiling) in a manner that results in detrimental or unfavorable treatment;
• f. Evaluating or forecasting the likelihood that an individual will commit a criminal offense;
• g. Determining or deducing an individual's emotional state; or
• h. Classifying or grouping individuals based on their biometric data.

11. Modification of Terms

We retain the right to modify these Terms at any time, with such modifications applying prospectively. You should review these Terms periodically to stay informed of any changes. In the event that a modification to these Terms materially alters your rights or obligations, we may provide you with notice of such change.

Material modifications will become effective on the earlier of: (1) the date of your first use of the Service after you have actual knowledge of the change; or (2) 30 days following the date the change is published. Non-material modifications will become effective immediately upon publication. Any disputes that arise under these Terms will be resolved according to the version of these Terms that was in effect at the time the dispute first arose.

12. Trial Period

12.1. Terms of Trial

If you are granted access to the Service or any features thereof on a free, trial, pilot, evaluation, alpha, beta, or early access basis (referred to as the "Trial"), you may use the Trial solely for your internal evaluation purposes during the time period specified by Kahana. The Trial is provided at Kahana's discretion, and either you or Kahana may terminate the Trial at any time, for any reason, with or without notice. The Trial may be non-functional, incomplete, or contain features that Kahana may never release to the general public, and all features and performance information related to the Trial constitute Kahana's confidential and proprietary information.

12.2. Disclaimer for Trial

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, KAHANA MAKES NO WARRANTIES, PROVIDES NO INDEMNIFICATION, AND OFFERS NO SUPPORT FOR THE TRIAL, AND KAHANA'S TOTAL LIABILITY ARISING FROM OR RELATING TO THE TRIAL SHALL NOT EXCEED US$50.

13. Term, Termination, and Service Modifications

13.1. Term of Agreement

These Terms commence when you accept them or when you first download, install, access, or use the Service, and continue in effect until they are terminated in accordance with Section 13.2 (Termination).

13.2. Termination Rights

Should you breach any provision of these Terms, your authorization to access the Service and these Terms shall automatically terminate. Furthermore, Kahana reserves the right, in its sole discretion, to terminate these Terms or your Service account, or to suspend or terminate your access to the Service, at any time, for any reason or no reason whatsoever, with or without prior notice, and Kahana shall have no liability to you in connection with such termination. You have the right to terminate your account and these Terms at any time by reaching out to customer service through our contact form or by sending an email to [email protected].

13.3. Consequences of Termination

When these Terms are terminated: all of your license rights shall terminate and you are required to immediately stop using the Service in any manner; you will lose authorization to access your account or the Service; you must remit to Kahana any amounts that were owed prior to termination; and all payment obligations that accrued prior to termination, together with Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), Section 8 (User Content), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous), shall survive such termination. You bear sole responsibility for maintaining backup copies of any User Content that you Post to the Service, as you may lose the ability to access any User Content you Posted to the Service once your account is terminated. In the event that your account was terminated due to a breach of these Terms, you are forbidden from establishing a new account on the Service by using a different name, email address, or other means of account verification.

13.4. Service Modifications

Kahana retains the right to alter or discontinue the Service in whole or in part at any time (including by restricting or eliminating specific features of the Service), whether on a temporary or permanent basis, and without providing notice to you. Kahana assumes no liability whatsoever for any modifications made to the Service, including changes to any paid features or functionalities of the Service, or for any suspension or termination of your ability to access or use the Service. It is recommended that you maintain backup copies of any User Content that you Post to the Service to ensure you have permanent copies should the Service be modified in a manner that results in you losing access to User Content you Posted to the Service.

14. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Kahana, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Kahana Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

15. Disclaimers and No Warranties

15.1. Service Provided As-Is

THE SERVICE AND ALL MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE SERVICE ARE FURNISHED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. KAHANA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT RELATE TO THE SERVICE AND ALL MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; AND ANY WARRANTIES THAT ARISE FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. KAHANA DOES NOT WARRANT, GUARANTEE, OR REPRESENT THAT THE SERVICE OR ANY PORTION THEREOF, OR ANY MATERIALS OR CONTENT PROVIDED THROUGH THE SERVICE, WILL OPERATE WITHOUT INTERRUPTION, BE SECURE, OR BE FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL ELEMENTS, AND KAHANA DOES NOT WARRANT THAT ANY SUCH PROBLEMS WILL BE ADDRESSED OR RESOLVED.

YOU ACKNOWLEDGE AND AGREE THAT: (a) CERTAIN ASPECTS OF THE SERVICES PROVIDED BY KAHANA UTILIZE ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES THAT, BY THEIR INHERENT NATURE, GENERATE OUTPUTS BASED ON PROBABILISTIC REASONING, AND AS SUCH, SUCH OUTPUTS MAY NOT ALWAYS BE ACCURATE, COMPLETE, RELEVANT, USEFUL, OR DEVOID OF ERRORS. KAHANA ASSUMES NO RESPONSIBILITY FOR ANY HARM OR DAMAGE THAT MAY OCCUR AS A RESULT OF USING THE SERVICE; (b) GIVEN THE INHERENT CHARACTERISTICS OF THE SERVICES AND MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE TECHNOLOGY IN GENERAL, THE OUTPUT GENERATED MAY NOT BE DISTINCTIVE, ORIGINAL, EXCLUSIVE, OR PARTICULARLY TAILORED TO YOU OR YOUR INPUT, AND OTHER USERS OF THE SERVICES MAY OBTAIN COMPARABLE OUTPUT THROUGH THE SERVICE; (c) THE OUTPUT OR ANY COMPONENT THEREOF MAY (1) BE SUBJECT TO OWNERSHIP OR CONTROL BY A THIRD PARTY, OR (2) BE SUBJECT TO OR ELIGIBLE FOR PROTECTION UNDER INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS; (d) YOU MAY LACK ANY RIGHT OR LICENSE TO UTILIZE OR OTHERWISE EXPLOIT THE OUTPUT; (e) YOU MAY BE UNABLE TO ACQUIRE OR SECURE, IN ANY JURISDICTION, ANY RIGHTS IN THE OUTPUT OR ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS PERTAINING TO THE OUTPUT; AND (f) THE OUTPUT MAY BE APPLICABLE TO OR RELEVANT FOR OTHER USERS OF THE SERVICES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, KAHANA PROVIDES NO REPRESENTATION OR WARRANTY CONCERNING ANY OF THE FOREGOING ACKNOWLEDGMENTS.

15.2. No Warranties from Communications

NO ADVICE, INFORMATION, OR COMMUNICATION, WHETHER VERBAL OR WRITTEN, THAT YOU OBTAIN FROM THE SERVICE OR FROM KAHANA ENTITIES OR FROM ANY MATERIALS OR CONTENT ACCESSIBLE THROUGH THE SERVICE SHALL GIVE RISE TO ANY WARRANTY CONCERNING ANY OF THE KAHANA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY SET FORTH IN THESE TERMS. KAHANA IS NOT LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM THE SERVICE OR FROM YOUR INTERACTIONS WITH ANY OTHER USER OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY PART OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK, AND THAT KAHANA IS NOT LIABLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT YOU USE IN CONNECTION WITH THE SERVICE) OR FOR ANY LOSS OF DATA, INCLUDING ANY USER CONTENT.

15.3. Maximum Extent of Limitations

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THIS SECTION 15 (DISCLAIMERS; NO WARRANTIES) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. KAHANA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT APPLICABLE LAW PROHIBITS KAHANA FROM DISCLAIMING.

16. Limitation of Liability

16.1. Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE KAHANA ENTITIES BE HELD LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) THAT ARISE FROM OR ARE CONNECTED TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ANY KAHANA ENTITY HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGE.

16.2. Cap on Aggregate Liability

EXCEPT AS SET FORTH IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF) AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE KAHANA ENTITIES TO YOU FOR ALL CLAIMS THAT ARISE FROM OR RELATE TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE PURSUANT TO THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF: THE TOTAL AMOUNT YOU HAVE PAID TO KAHANA FOR ACCESS TO AND USE OF THE SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT OR CIRCUMSTANCE THAT GAVE RISE TO THE CLAIM AND US$100.

16.3. Allocation of Risk

EVERY PROVISION IN THESE TERMS THAT ESTABLISHES A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS DESIGNED TO AND SHALL SERVE TO DISTRIBUTE THE RISKS BETWEEN THE PARTIES PURSUANT TO THESE TERMS. SUCH RISK DISTRIBUTION CONSTITUTES A FUNDAMENTAL COMPONENT OF THE FOUNDATION OF THE AGREEMENT BETWEEN THE PARTIES. EACH SUCH PROVISION IS SEVERABLE AND STANDS INDEPENDENTLY FROM ALL OTHER PROVISIONS CONTAINED IN THESE TERMS. THE LIMITATIONS SET FORTH IN THIS SECTION 16 (LIMITATION OF LIABILITY) SHALL REMAIN IN EFFECT EVEN IF ANY LIMITED REMEDY DOES NOT ACHIEVE ITS INTENDED PURPOSE.

17. Dispute Resolution and Arbitration

17.1. General Provisions

Subject to the exceptions set forth in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Kahana agree that all disputes that arise in connection with these Terms, the Service, or communications from us shall be resolved through binding arbitration. Arbitration employs a neutral arbitrator rather than a judge or jury, is more informal than a court proceeding, may provide for more limited discovery than court proceedings, and is subject to minimal review by courts. This agreement to arbitrate disputes encompasses all claims regardless of whether they are based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute concerning the interpretation, applicability, or enforceability of this binding arbitration agreement shall be determined by the arbitrator.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCEPTING THESE TERMS, YOU AND KAHANA ARE EACH RELINQUISHING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2. Exceptions to Arbitration

While we are agreeing to arbitrate most disputes between us, nothing in these Terms shall be construed to waive, preclude, or otherwise limit the right of either party to: file an individual action in small claims court; pursue an enforcement action through the appropriate federal, state, or local agency if such action is available; seek injunctive relief from a court of law in aid of arbitration; or to file a lawsuit in a court of law to address an intellectual property infringement claim.

17.3. Right to Opt-Out

If you do not want to resolve disputes through binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days following the date that you accept these Terms by sending a letter to Kahana Group Inc., Attention: Legal Department – Arbitration Opt-Out, 1550 N Lake Shore Dr, Apt 19E, Chicago, Illinois 60610 that includes: your complete legal name, the email address linked to your account on the Service, and a statement indicating that you wish to opt out of arbitration ("Opt-Out Notice"). Upon Kahana's receipt of your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) shall be void and any action arising out of these Terms shall be resolved in accordance with Section 18.2 (Governing Law). The other provisions of these Terms shall remain unaffected by your Opt-Out Notice.

17.4. Selection of Arbitrator

This arbitration agreement, and any arbitration proceeding between us, shall be governed by the Federal Arbitration Act and shall be administered by JAMS ("JAMS") pursuant to rules that apply to consumer disputes (collectively, "JAMS Rules") as amended by these Terms. The JAMS Rules and required filing forms can be accessed online at www.jamsadr.org, by calling JAMS at +1-800-352-5267, or by contacting Kahana.

17.5. Initiating Arbitration

Prior to initiating arbitration, a party must first deliver a written notice of the dispute to the other party via certified U.S. Mail or via Federal Express (signature required) or, only if that other party has not furnished a current physical address, then via electronic mail ("Notice of Arbitration"). Kahana's address for receiving such notices is: Kahana Group Inc., 1550 N Lake Shore Dr, Apt 19E, Chicago, Illinois 60610. The Notice of Arbitration must: specify the name or account number of the party bringing the claim; set forth the nature and basis of the claim or dispute; and state the specific relief requested ("Demand"). The parties shall make good faith efforts to resolve the claim directly, but if the parties are unable to reach an agreement to do so within 30 days following receipt of the Notice of Arbitration, either you or Kahana may initiate an arbitration proceeding. All fees shall be determined in accordance with the JAMS Rules.

17.6. Conduct of Arbitration

Any arbitration hearing shall be held in the county and state of your residence unless we agree to a different location or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may select whether the arbitration shall be conducted: exclusively on the basis of documents provided to the arbitrator; via a telephonic or video hearing; or through an in-person hearing as provided by the JAMS Rules in the county (or parish) of your residence. Throughout the arbitration, the amount of any settlement offer made by you or Kahana shall not be revealed to the arbitrator until after the arbitrator issues a final decision and award, if any. Irrespective of the method by which the arbitration is conducted, the arbitrator shall issue a reasoned written decision that adequately explains the essential findings and conclusions upon which the decision and award, if any, are based.

17.7. Available Relief in Arbitration

Subject to Section 17.8 (No Class Actions), the arbitrator may award any relief that would be available if the claims had been filed in a court of competent jurisdiction. If the arbitrator awards you an amount greater than the last written settlement amount offered by Kahana prior to the selection of an arbitrator, Kahana shall pay to you the greater of: the amount awarded by the arbitrator and US$10,000. The arbitrator's award shall be final and binding upon all parties, except (1) for judicial review that is expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court with jurisdiction.

17.8. Prohibition of Class Actions

YOU AND KAHANA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN SUCH PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE PROCEEDING.

17.9. Changes to Arbitration Provision

If Kahana makes any material change to this arbitration provision, you may reject the change by sending us written notice within 30 days following the change to Kahana's address for Notice of Arbitration, in which case your account with Kahana shall be immediately terminated and this arbitration provision, as in effect immediately before the changes you rejected, shall remain in effect.

17.10. Enforceability of Arbitration

If Section 17.8 (No Class Actions) or the entire Section 17 (Dispute Resolution and Arbitration) is determined to be unenforceable, or if Kahana receives an Opt-Out Notice from you, then the entire Section 17 (Dispute Resolution and Arbitration) shall be null and void and, in such case, the exclusive jurisdiction and venue set forth in Section 18.2 (Governing Law) shall govern any action arising out of or relating to these Terms.

18. Miscellaneous

18.1. General Provisions

These Terms, together with the Privacy Policy and any other agreements that are expressly incorporated by reference herein, constitute the complete and exclusive understanding and agreement between you and Kahana with respect to your use of the Service. You shall not assign or transfer these Terms or any of your rights hereunder, in whole or in part, whether by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted hereunder, including with respect to your User Content, at any time without notice to you or your consent. Our failure to require performance of any provision shall not affect our right to require performance at any other time thereafter, nor shall any waiver by us of any breach or default of these Terms, or of any provision hereof, constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The use of Section headers in these Terms is for convenience only and shall not affect the interpretation of any provision. Throughout these Terms, the use of the word "including" shall mean "including but not limited to." If any portion of these Terms is determined to be invalid or unenforceable, then the unenforceable portion shall be given effect to the maximum extent possible, and the remaining portions shall remain in full force and effect.

18.2. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. You and Kahana hereby submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Cook County, Illinois for the resolution of any lawsuit or court proceeding that is permitted under these Terms. We operate the Service from our offices located in Illinois, and we do not represent that Materials included in the Service are appropriate or available for use in other locations.

18.3. Privacy Policy Incorporation

Please review the Kahana Privacy Policy (the "Privacy Policy") carefully for information concerning our collection, use, storage, and disclosure of your personal information. The Kahana Privacy Policy is incorporated by reference herein and forms a part of these Terms.

18.4. Incorporation of Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines that apply to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by reference herein and form a part of these Terms.

18.5. Electronic Communication Consent

By using the Service, you consent to receiving certain electronic communications from us as more fully described in our Privacy Policy. Please review our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we transmit to you electronically shall satisfy any legal communication requirements, including the requirement that such communications be in writing.

18.6. How to Contact Us

The Service is provided by Kahana Group Inc., with offices located at 1550 North Lakeshore Drive, Apt 19E, Chicago, Illinois, 60610. You may reach us by sending correspondence to that address, by contacting us through our contact form, or by emailing us at [email protected].

18.7. California Residents' Rights

If you are a California resident, then pursuant to California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint concerning the Service or to obtain further information regarding use of the Service.

18.8. Support Not Guaranteed

We have no obligation to provide support for the Service. In cases where we may offer support, such support shall be subject to published policies.