Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Scaleswift Digital Services LLP ("we," "us," or "our") governing your access to and use of Kael and all related services, features, and content (collectively, the "Service").

By creating an account or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not use the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Service under any applicable law
• You will provide accurate, current, and complete information when creating your account

We do not knowingly permit use of the Service by anyone under 18. If we discover that a user is under 18, we will immediately terminate their account and delete their data.

3. Your Account

3.1 Registration

You must create an account to use the Service. You agree to provide accurate information and keep it current. You are responsible for all activity that occurs under your account.

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at hello@kaelai.life if you suspect unauthorized access to your account. We are not liable for any loss resulting from unauthorized use of your account.

3.3 One Account Per Person

Each account is for a single individual. You may not share your account credentials with any other person. We reserve the right to terminate accounts we determine are being shared.

3.4 Account Termination by You

You may delete your account at any time through the app settings or by contacting us at hello@kaelai.life. Upon deletion, your personal data will be deleted or anonymized within 30 days in accordance with our Privacy Policy, except where retention is required by law.

4. The Service

4.1 What Kael Is

Kael is an AI-powered personal mentoring application designed to help users develop self-awareness, identify behavioral patterns, and work toward personal growth. The Service uses AI to maintain an ongoing understanding of the user across sessions.

4.2 What Kael Is Not

4.3 Service Availability

We aim to provide a reliable Service but do not guarantee uninterrupted availability. We may suspend, modify, or discontinue any aspect of the Service at any time with reasonable notice where practicable. We are not liable for any downtime or service interruptions.

4.4 Service Changes

We may modify, update, or discontinue features of the Service at any time. For material changes, we will provide at least 30 days' notice and require your affirmative re-acceptance before you can continue using the Service, as described in Section 12.5. For non-material changes, your continued use after the change takes effect constitutes acceptance.

5. Free and Paid Plans

5.1 Free Tier

We offer a free tier of the Service with limited features and usage. We reserve the right to modify the features available on the free tier at any time.

5.2 Paid Subscriptions

We offer paid subscription plans that provide access to additional features. By subscribing to a paid plan, you agree to the following:

• Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan selected) and renew automatically until cancelled
• You authorize us to charge your payment method on file at the start of each billing period
• Prices are as displayed at the time of purchase and may be subject to applicable taxes
• We reserve the right to change subscription prices with at least 30 days' notice. Price changes take effect at your next renewal cycle. We will notify you of the new price and require your affirmative re-acceptance before your subscription renews at the changed rate. If you do not accept, you may cancel before renewal without penalty

5.3 Payment Processing

Payments are processed by third-party payment processors. By providing payment information, you authorize the relevant processor to charge your payment method. We do not store your full payment card details. The applicable processor's terms and privacy policy govern payment processing.

5.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at hello@kaelai.life. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the period for which you have already paid.

5.5 Refunds

We handle refund requests on a case-by-case basis. To request a refund, contact us at hello@kaelai.life with your account details and reason for the request. We are not obligated to provide refunds but will consider requests in good faith. Approved refunds will be processed to your original payment method within 10 business days.

5.6 Free Trials

We may offer free trials of paid plans from time to time. When you start a free trial, we will clearly disclose: (a) the trial duration; (b) the price that will apply after the trial; and (c) how to cancel. At the end of the trial period, your account will automatically convert to the applicable paid plan unless you cancel before the trial ends. We will send you a reminder notification before a trial converts to a paid subscription. You may cancel at any time during the trial at no charge.

6. Acceptable Use

6.1 You Agree To

• Use the Service only for lawful, personal purposes. The Service is intended for individual personal use and may not be resold, sublicensed, or used to provide services to third parties on a commercial basis
• Provide accurate information in your account and during sessions
• Comply with all applicable laws and regulations
• Respect the integrity of the Service and other users

6.2 You Agree Not To

The following conduct is strictly prohibited and may result in immediate account suspension or termination:

• Attempt to circumvent, manipulate, or "jailbreak" Kael's AI behavior, safety systems, or operational guidelines
• Abuse, harass, threaten, or intimidate any person through the Service
• Share, sell, or transfer your account credentials to any other person
• Scrape, crawl, reverse engineer, decompile, or attempt to extract the source code or underlying model of the Service
• Use the Service to collect data about other users
• Introduce viruses, malware, or any other malicious code into the Service
• Use automated tools, bots, or scripts to interact with the Service without our express written consent
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Service in any way that could damage, disable, overburden, or impair our infrastructure
• Violate any applicable local, national, or international law or regulation

6.3 Content You Submit

You are solely responsible for all content and information you submit to the Service. You represent that your submissions do not violate any third-party rights or applicable law. You retain ownership of content you submit, but grant us a worldwide, royalty-free, non-exclusive license to use, store, and process that content solely to provide and improve the Service, as further described in Section 7.3 and our Privacy Policy.

7. Intellectual Property

7.1 Our Property

All rights, title, and interest in and to the Service — including the Kael name, logo, AI model behavior, software, design, text, graphics, and all other content we create — are owned by or licensed to Scaleswift Digital Services LLP. Nothing in these Terms transfers any of those rights to you.

7.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal purposes, subject to these Terms. This license does not include the right to sublicense, resell, copy, modify, create derivative works from, or use any part of the Service to provide services to third parties on a commercial basis.

7.3 Your Content

You retain ownership of the content and information you submit to the Service. By submitting content, you grant us a worldwide, royalty-free, non-exclusive license to use, store, and process that content solely to provide and improve the Service, as further described in our Privacy Policy.

7.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation to you.

8. Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

The Service collects and processes sensitive personal data, including psychological disclosures and behavioral inferences. Please review the Privacy Policy carefully before using the Service.

9. Disclaimers and Limitation of Liability

9.1 No Warranties

9.2 No Professional Advice

The Service does not provide medical, psychological, psychiatric, legal, financial, or any other professional advice. You should not rely on the Service as a substitute for professional consultation. We expressly disclaim any liability arising from reliance on information provided through the Service.

9.3 Limitation of Liability

9.4 Indemnification

You agree to indemnify, defend, and hold harmless Scaleswift Digital Services LLP and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) your violation of any third-party rights.

10. Termination and Suspension

10.1 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or posed a risk to the Service or other users. We will provide reasonable notice where practicable, except in cases of serious or repeated violations, fraud, or where notice would compromise the integrity of the Service or the safety of other users.

10.2 Effect of Termination

Upon termination: (a) your license to use the Service immediately ends; (b) you must cease all use of the Service; (c) we will handle your data in accordance with our Privacy Policy. Termination does not entitle you to a refund of any prepaid fees except at our discretion.

10.3 Survival

Sections 7 (Intellectual Property), 9 (Disclaimers and Limitation of Liability), 11 (Dispute Resolution), and any other provisions that by their nature should survive, will survive termination of these Terms.

11. Dispute Resolution

11.1 Governing Law

These Terms and any disputes arising from them are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. For users outside the United States, mandatory consumer protection laws of your country of residence may also apply to the extent required by local law.

11.2 Informal Resolution

Before initiating any formal dispute process, you agree to contact us at hello@kaelai.life and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

11.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

11.4 Class Action Waiver

11.5 Arbitration Opt-Out

You may opt out of the arbitration and class action waiver provisions by notifying us in writing at hello@kaelai.life within 30 days of first creating your account. Your notice must include your name and a clear statement that you wish to opt out. Opting out does not affect any other provision of these Terms.

11.6 EEA and UK Users

Nothing in this Section limits your right to bring a complaint before your local supervisory authority or to bring claims in your local courts pursuant to applicable law.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

12.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.

12.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

12.5 Changes to These Terms

We may update these Terms from time to time. For material changes, we will notify you by email at least 30 days before they take effect and require your affirmative re-acceptance before you can continue using the Service. For non-material changes, we will update the "Last Updated" date. Continued use after non-material changes constitutes acceptance.

12.6 Force Majeure

We will not be liable for any failure or delay in performance of our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government action, internet or infrastructure outages, or acts of third-party service providers. We will use reasonable efforts to minimize the impact of such events and resume normal service as soon as practicable.

12.7 Contact

For questions about these Terms, contact us at: