Terms of service.

Provider: Ape on a Bike Industries LLC, a Florida limited liability company ("Ape on a Bike," "we," "us," or "our"), operating the Kijito service ("Kijito" or the "Service") under its "Kijito" brand/DBA.

Address: Ape on a Bike Industries LLC, 2234 North Federal Hwy, #1137, Boca Raton, FL 33431, United States.

Contact: [email protected]

1. Agreement & acceptance

By creating an account, accessing, or using the Service, you agree to these Terms of Service (the "Terms"), our Privacy Policy, and our Acceptable Use Policy, which are incorporated by reference. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

2. Eligibility - 18+ only

The Service is for adults only. You must be at least 18 years old to use Kijito. By creating an account, you affirmatively attest that you are 18 or older. We do not knowingly permit anyone under 18 to use the Service, and we will act in good faith to delete an account on a credible report or indication that the account holder is under 18.

3. Accounts & security

• You must provide a valid email address and choose a password to register.
• You are responsible for safeguarding your credentials, recovery codes, and any agent/API tokens issued to you, and for all activity under your account.
• Important - encryption and password: your memory content is encrypted under a key derived from your password (see the Privacy Policy). This means that if you lose your password and recovery codes, we may be unable to recover your encrypted content. You are responsible for retaining your credentials.
• Notify us promptly at [email protected] of any unauthorized use or security incident involving your account.

4. Acceptable use

Your use of the Service must comply with our Acceptable Use Policy. Prohibited conduct includes (without limitation) illegal use, abuse or attacks on the Service, attempts to break cross-tenant isolation or access other users' data, spam, and infringement. We may suspend or terminate access for violations as described in the AUP and in Section 9.

5. Plans, billing & changes

• Free tier. A free tier is available.
• Pro plan. The Pro plan is US$15 per month, billed and charged in U.S. dollars. Prices are exclusive of applicable taxes (including sales, use, VAT, GST, or similar), which are your responsibility; where we are required to collect such taxes, they will be added to your charges. You are responsible for any currency-conversion fees or charges imposed by your bank or card issuer.
• No charge during alpha. Billing is switched OFF until we publicly enable paid plans. We will not charge you until paid billing is turned on, and we will provide notice before any charges begin.
• When billing is live. Paid plans will be billed through our payment processor, Stripe. Fees are billed in advance on a recurring monthly basis and are non-refundable, except where a refund is required by applicable law. We do not provide refunds or credits for partial months, downgrades, or unused periods. You authorize us and Stripe to charge your payment method on a recurring basis until you cancel. You may cancel at any time; cancellation takes effect at the end of your then-current billing period. You will retain paid access until the end of that period, and you will not be charged for the following period. We do not provide prorated refunds for the remainder of a paid period.
• Price changes. We may change plan pricing prospectively with prior notice as described in Section 12.

6. Your content; ownership & license

• You own your content. As between you and us, you retain all rights in the memories, text, and other data you (or your agents) store in the Service ("Your Content").
• License to operate the Service. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, encrypt/decrypt, index, and display Your Content solely to provide, maintain, secure, and support the Service for you (including computing embeddings locally and forming the memory graph). This license exists only to run the Service and ends when Your Content is deleted, subject to the retention/backup windows described in the Privacy Policy.
• No third-party AI training. We do not sell Your Content and we do not use Your Content to train third-party AI models. The hosted Service does not send your memory content to any external LLM or embedding provider (see the Privacy Policy).
• Your responsibility. You are responsible for Your Content and for having the rights necessary to store and process it through the Service.

7. Service availability; alpha status; no warranty

The Service is offered in an early/alpha state. It is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that data will never be lost. We may modify, suspend, or discontinue features at any time. You are responsible for keeping your own backups/exports of important data (an export mechanism is provided - see the Privacy Policy).

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

8. Limitation of liability

To the maximum extent permitted by law:

• We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, or goodwill, arising out of or related to the Service.
• Our total aggregate liability arising out of or related to the Service will not exceed US$100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

9. Suspension & termination

• By you. You may stop using the Service and delete your account at any time. Account deletion purges your server-side data as described in the Privacy Policy (subject to a stated grace/backup window).
• By us. We may suspend or terminate your access if you violate these Terms or the AUP, to protect the Service or other users, or as required by law.
• Effect. On termination, your right to use the Service ends. Sections that by their nature should survive (ownership, disclaimers, limitation of liability, governing law, and dispute resolution / arbitration) survive termination.

10. Governing law & venue

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules. Subject to the binding-arbitration and class-action-waiver provisions in Section 11, the exclusive venue for any dispute that is not required to be arbitrated - and for any small-claims action, any claim for injunctive or other equitable relief, and any action to compel arbitration or to confirm, vacate, or enforce an arbitration award - will be the state and federal courts located in Palm Beach County, Florida (and, for federal matters, the U.S. District Court for the Southern District of Florida). You consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum.

11. Dispute resolution; binding arbitration; class-action waiver

Please read this Section carefully - it affects your legal rights, including your right to bring a lawsuit in court and to participate in a class action.

• Agreement to arbitrate. Except for the carve-outs below, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service - whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory - will be resolved by binding individual arbitration rather than in court. This Section is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
• Rules and administration. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, as modified by these Terms. The arbitration will be seated in Palm Beach County, Florida, and the arbitrator's award may be entered in any court of competent jurisdiction. For claims where in-person proceedings are held, they will take place in Palm Beach County, Florida, unless the parties agree otherwise or applicable rules require a different location.
• Class-action and class-arbitration waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding. If this class-action / class-arbitration waiver is found to be unenforceable as to a particular claim, then that claim (and only that claim) will be severed from arbitration and brought in the courts identified in Section 10, with the remainder of this Section remaining in full force.
• Jury-trial waiver. To the maximum extent permitted by law, you and we waive any right to a trial by jury in any dispute arising out of or relating to these Terms or the Service.
• Small-claims carve-out. Notwithstanding the agreement to arbitrate, either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies and remains in that forum on an individual basis.
• Injunctive and intellectual-property carve-out. Either party may bring an action in the courts identified in Section 10 seeking injunctive or other equitable relief, or to protect or enforce its intellectual-property rights, and either party may seek to compel arbitration or to confirm, vacate, or enforce an arbitration award in those courts.
• 30-day right to opt out. You may opt out of this arbitration and class-action-waiver Section by sending written notice to [email protected] within 30 days of the date you first created your account, stating your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor we will be bound by the arbitration and class-action-waiver provisions of this Section, and disputes will be resolved in the courts identified in Section 10. Opting out has no effect on any other provision of these Terms.

12. Changes to these Terms

We may update these Terms from time to time. For material changes, we will provide notice (for example, by email to your account address or a notice in the app) before the changes take effect. We will record which version of the Terms you accepted in our consent log. Your continued use after the effective date of an update constitutes acceptance.

13. Miscellaneous

• Entire agreement. These Terms, the Privacy Policy, and the AUP are the entire agreement between you and us regarding the Service.
• Severability. If any provision is unenforceable, the rest remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

14. Contact

Questions about these Terms: [email protected]

Privacy questions: [email protected]

Ape on a Bike Industries LLC, 2234 North Federal Hwy, #1137, Boca Raton, FL 33431, United States.