This End User License and Model Licensing Agreement ("Agreement") is a legally binding contract between you ("User," "you," or "your") and Deal Fanatics LLC d/b/a Kilowatt Software ("Kilowatt," "we," "us," or "our"). This Agreement governs your access to and use of all software applications, platforms, services, and artificial intelligence or machine learning models (collectively, "Services") offered by Kilowatt Software, including but not limited to:
By accessing, downloading, installing, or using any of our Services, you agree to be bound by this Agreement. If you do not agree to these terms, you must not access or use the Services.
"AI Models" means any large language model (LLM), small language model (SLM), or other machine learning model made available through the Services, whether developed by Kilowatt or licensed from third-party providers.
"Content" means any text, data, images, audio, computations, curriculum materials, assessments, or other output generated by or through the Services.
"Subscription" means any paid tier of access to the Services, including but not limited to recurring subscription plans and micro-payment transactions.
"Free Tier" means any access to the Services provided at no charge, including trial periods, freemium features, and limited-use access.
Subject to this Agreement, Kilowatt grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, educational, or internal business purposes in accordance with the applicable service tier.
Access to Free Tier features is provided at Kilowatt's sole discretion. Kilowatt reserves the right to modify, limit, or discontinue Free Tier access at any time without notice. Free Tier usage is subject to all terms of this Agreement.
Paid Subscriptions are governed by the commercial terms presented at the time of purchase or enrollment. Pricing, billing frequency, and feature availability are as communicated at the point of transaction and may be updated with reasonable notice.
You shall not: (a) sublicense, sell, redistribute, or make available the Services or any AI Models to third parties; (b) reverse-engineer, decompile, or attempt to extract source code or model weights from the Services; (c) use the Services to develop competing products or services; (d) remove or alter any proprietary notices; (e) use the Services in any manner that violates applicable law or this Agreement.
Important: The Services incorporate artificial intelligence and machine learning technologies. You acknowledge and agree to the following disclaimers regarding AI-generated output.
AI Models may produce output that is inaccurate, incomplete, misleading, or otherwise incorrect. While Kilowatt employs verification mechanisms (including symbolic truth layers, computational verification, and structured knowledge graphs), no AI system can guarantee the accuracy of its output in all circumstances. You should independently verify any AI-generated Content before relying on it for decisions of consequence.
AI and machine learning systems are probabilistic in nature. Outputs may vary between sessions, may reflect biases present in training data, and may not be deterministic. Kilowatt does not warrant that the Services will produce consistent, error-free, or unbiased results.
Content generated by the Services does not constitute professional, legal, medical, financial, or educational advice. The Services are tools to support learning and productivity and are not a substitute for qualified human judgment, instruction, or professional guidance.
For Chipi.ai and Interactive Math specifically: AI-generated educational content, assessments, feedback, and tutoring interactions are supplementary tools. They do not replace qualified educators, certified curricula, or professional educational assessments. Parents, guardians, and educators should exercise appropriate oversight of minors' use of the Services.
You agree not to rely solely on AI-generated output for any purpose where such reliance could result in harm, loss, or liability. Kilowatt expressly disclaims any responsibility for decisions made or actions taken based on AI-generated Content.
Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, you consent to the collection and processing of data as described therein or are superseded by those that were incorporated into the Terms and Conditions referenced when you purchased the Services.
For Services directed at children under 13 (including Chipi.ai), we comply with the Children's Online Privacy Protection Act (COPPA) and equivalent regulations. Verifiable parental consent is required before collecting personal information from children under 13. Student data is maintained privately and is not used for advertising or sold to third parties.
You retain ownership of any original content you submit to the Services. By submitting content, you grant Kilowatt a limited license to process that content as necessary to provide and improve the Services, subject to our Privacy Policy.
All intellectual property rights in the Services — including software, AI Models, model weights, algorithms, knowledge graphs, curricula, user interfaces, trademarks, and documentation — are and remain the exclusive property of Kilowatt Software or its licensors. Nothing in this Agreement transfers any intellectual property rights to you beyond the limited license granted in Section 3.
To the extent permitted by applicable law, AI-generated output created through your use of the Services may be used by you for the purposes described in your license tier. Kilowatt makes no representations regarding the intellectual property status of AI-generated output and disclaims any warranty that such output is original, non-infringing, or protectable.
If you provide suggestions, ideas, or feedback about the Services, you grant Kilowatt a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. Kilowatt specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. Without limiting the foregoing:
To the maximum extent permitted by applicable law, Kilowatt's total aggregate liability arising out of or related to this Agreement or the Services — whether in contract, tort (including negligence), strict liability, or any other theory — shall not exceed the greater of: (a) the total fees you have paid to Kilowatt in the twelve (12) months preceding the event giving rise to liability, or (b) fifty U.S. dollars (USD $50).
In no event shall Kilowatt be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, even if Kilowatt has been advised of the possibility of such damages.
The limitations in this Section 8 do not apply to liability arising from Kilowatt's gross negligence or willful misconduct.
You agree to indemnify, defend, and hold harmless Kilowatt Software, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of this Agreement; (c) your violation of any applicable law or regulation; (d) any reliance you place on AI-generated output; or (e) any content you submit to or through the Services.
Your indemnification obligations under Section 9.1 do not apply to the extent that a claim arises directly and solely from Kilowatt's gross negligence or willful misconduct.
You may terminate this Agreement at any time by discontinuing use of the Services and, if applicable, canceling your Subscription through the relevant platform.
Kilowatt may suspend or terminate your access to the Services at any time, with or without cause, upon notice to you. Kilowatt will endeavor to provide reasonable notice where practicable, except in cases of material breach or where required by law.
Upon termination, your license to use the Services ceases immediately. Sections 4 through 9, 11, and 12 survive termination.
This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions.
Any dispute arising out of or relating to this Agreement shall first be submitted to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in a mutually agreed location or remotely. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
To the maximum extent permitted by law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.
This Agreement, together with the Privacy Policy and any Subscription terms presented at the time of purchase, constitutes the entire agreement between you and Kilowatt regarding the Services and supersedes all prior agreements and understandings.
Kilowatt may update this Agreement at any time without prior notice. Changes become effective immediately upon posting to the Services. Your continued use of the Services after any update constitutes acceptance of the revised terms. It is your responsibility to review this Agreement periodically for changes.
If any provision of this Agreement is found to be unenforceable, the remaining provisions remain in full force and effect.
Kilowatt's failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.
You may not assign or transfer this Agreement without Kilowatt's prior written consent. Kilowatt may assign this Agreement freely in connection with a merger, acquisition, or sale of assets.
For questions about this Agreement, contact us at hello@kilowattsoftware.com.