Terms of Use

Last updated: March 28, 2026

These Terms of Use (these "Terms") constitute a legally binding agreement between OpenKBS (the "Company", "we", "us", "our") and the user accepting these Terms (the "Customer", "you"). These Terms govern the manner in which the Customer and its Users may access and use the Company's AI-powered application building platform available at https://openkbs.com (the "Platform") and any related services, which are provided on a Software-as-a-Service (SaaS) subscription-based model.

By accessing or using the Platform, you agree to be bound by these Terms. If you accept these Terms on behalf of another entity, you represent and warrant that you have the authority to bind that entity to these Terms.

These Terms incorporate by reference our Privacy Policy (https://openkbs.com/privacy-policy) and our Data Processing Addendum (https://openkbs.com/dpa), each as amended from time to time.

1. Definitions

"Account" means the registered account created by a Customer to access the Platform.

"Application" means any software application, agent, workflow, or tool built by the Customer or on the Customer's behalf using the Platform.

"Application Code" means the source code, configurations, AI prompts, business logic, and content specific to a Customer's Application, excluding the Platform Technology.

"Blueprints" means open-source application templates provided by the Company through the Platform.

"Credits" means the units of value used to access and consume Platform services.

"Customer Data" means all data, information, and materials uploaded, stored, or processed by the Customer or its Users through the Platform, including Input Data.

"Expert Services" means the optional professional services provided by OpenKBS personnel through the "Request Expert" feature, as described in Section 8.

"Generated Output" means any code, content, or materials produced by the Platform's AI capabilities based on Customer input.

"Input Data" means prompts, instructions, documents, and other materials provided by the Customer to the Platform for processing.

"Platform Technology" means the Company's proprietary platform, SDK, APIs, infrastructure, tools, frameworks, methodologies, and all underlying technology, including any updates, modifications, and improvements thereto.

"Subscription" means the Customer's selected plan for accessing the Platform, as described on the Pricing page.

"User" means any individual authorized by the Customer to access the Platform under the Customer's Account.

2. Account Registration and Security

2.1. Eligibility. Customers must be at least 18 years old and operate as a commercial company or business. The Platform is not intended for personal or household use.

2.2. Account Security. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately of any unauthorized access or use.

2.3. One Account Policy. Each individual is permitted to register only one Account. Multiple accounts from the same individual are prohibited and will result in the termination of all associated accounts.

2.4. Accurate Information. You must provide accurate, complete, and current registration information and keep it updated.

3. Right to Access and Use

3.1. License Grant. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the Platform solely for your internal business purposes and in accordance with these Terms.

3.2. Modifications to the Platform. We may change, update, or discontinue any part of the Platform at any time, with or without notice. We will use reasonable efforts to notify Customers of material changes.

3.3. Usage Limits. Your use of the Platform is subject to the usage limits of your selected Subscription plan. Exceeding these limits may require upgrading your plan or purchasing additional Credits.

4. Prohibited Use

4.1. General Prohibitions. You may not, and may not permit others to:

(a) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform Technology;

(b) use the Platform to build, train, or improve a competing product or service;

(d) use the Platform for benchmarking without our prior written consent;

(e) circumvent any security measures, usage limits, or access controls;

(f) interfere with the integrity or performance of the Platform;

(g) use the Platform for any unlawful purpose or in violation of any applicable law;

(h) upload malicious code, viruses, or harmful content to the Platform;

(i) use automated means (bots, scrapers, crawlers) to access the Platform beyond the provided APIs.

4.2. Prohibited Content. You may not use the Platform to create, share, or distribute:

(a) sexually explicit content, nudity, or pornography;

(b) violent, abusive, or harmful content;

(d) content promoting discrimination, hatred, or harassment;

(e) content that violates any third party's intellectual property rights;

(f) deepfakes or synthetic content intended to deceive or mislead.

We reserve the right to remove any content that violates these guidelines without notice.

4.3. Prohibited High-Risk Applications. The Platform must not be used for:

(a) medical diagnosis or treatment recommendations;

(b) legal advice or case predictions;

(d) biometric identification or surveillance systems;

(e) critical infrastructure control (power grids, traffic systems, hospitals, air traffic control);

(f) automated hiring or HR decision-making;

(g) social scoring or citizen surveillance;

(h) gambling or betting systems without proper licensing;

(i) systems that impersonate individuals or create synthetic identities;

(j) any use requiring certification or licensing that the Customer does not hold.

Violation may result in immediate account suspension, legal reporting, and forfeiture of unused Credits.

5. Intellectual Property Rights

5.1. Platform Technology. All right, title, and interest in the Platform Technology, including the SDK, APIs, infrastructure, documentation, and all related intellectual property, are and remain the sole property of the Company. Nothing in these Terms transfers ownership of the Platform Technology to the Customer.

5.2. Application Code Ownership. You own the Application Code — the applications, agents, business logic, AI prompts, designs, configurations, and content you create on the Platform. OpenKBS does not claim any ownership over your Application Code. Your creations are your assets to keep, sell, license, or transfer as you see fit.

5.3. Blueprint License. Open-source Blueprints may be commercially used, modified, rebranded, and resold. All OpenKBS SDK functions used within Blueprints remain the property of OpenKBS. Customers license, but do not own, SDK capabilities. Customers may not patent functionality that relies on the OpenKBS SDK or derives from Blueprints.

5.4. Generated Output. As between the Company and the Customer, the Customer owns the Generated Output produced from the Customer's Input Data, subject to the following:

(a) due to the nature of AI, Generated Output may not be unique, and other users of the Platform may receive the same or similar output;

(b) the Company makes no representation or warranty regarding the accuracy, completeness, originality, or legal protectability of Generated Output;

(c) the Customer is solely responsible for evaluating, testing, and validating any Generated Output before use, including conducting human review as necessary.

5.5. License to Customer Data. You grant the Company a non-exclusive, worldwide, royalty-free license to access, use, process, store, and copy the Customer Data solely for the purposes of providing and maintaining the Platform and the services under these Terms. This license does not permit the Company to use Customer Data for training AI models, for the Company's own commercial purposes, or to disclose Customer Data to third parties except as necessary to provide the Platform (e.g., transmitting data to AI service providers under the conditions described in Section 10).

5.6. Feedback. If you provide suggestions, ideas, or feedback regarding the Platform, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without obligation to you.

6. Multi-Tenant Platform and Non-Exclusivity

THIS IS A FUNDAMENTAL TERM OF THE PLATFORM. BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

6.1. Shared Platform. The Platform is a multi-tenant environment. Multiple businesses, including those in the same market or industry, use identical OpenKBS tools, SDK, and infrastructure. No exclusive access to the Platform, its features, or its capabilities is granted to any Customer.

6.2. Equal Access. All SDK functions (including but not limited to translation, image generation, web scraping, email, encryption, OCR, document processing, and AI capabilities) are available to all Customers equally. OpenKBS may provide identical tools and services to any business, including direct competitors of the Customer.

6.3. No Industry Exclusivity. OpenKBS does not and will not enter into exclusivity arrangements, non-compete agreements, or any other agreement that restricts the Company from providing services to any Customer in any industry or market segment. This applies to all services, including Expert Services under Section 8.

6.4. Waiver of Claims. Customers waive any and all claims against OpenKBS for providing the same or similar tools, services, or Expert Services to other Customers, including those operating in the same industry or market.

6.5. Self-Service Access. Any person or business may register for the Platform and build applications independently, without restriction as to industry or use case (subject to Sections 4 and 14). OpenKBS has no obligation to restrict registration or use of the Platform based on any Customer's preferences.

6.6. No Separate Agreements. OpenKBS does not enter into individual framework agreements, exclusivity contracts, or custom non-disclosure agreements with Customers for services provided through the Platform. All Customer relationships are governed exclusively by these Terms, the Privacy Policy, and the DPA. Expert Services under Section 8 are likewise governed by these Terms and not by separate agreements.

7. Payment and Credits

7.1. Credit-Based System. The Platform operates on a credit-based payment system. Credits can be purchased and managed through your Account. Credits are not an investment and are solely used to access Platform services.

7.2. Subscription Plans. Subscription plans include monthly bonus Credits that work with a smart accumulation system:

(a) Each month, you receive your plan's credit allocation;

(b) Unused Credits can accumulate up to a maximum of 2x your monthly allocation;

(d) Credits do not expire while your Subscription remains active but are forfeited upon cancellation.

7.3. Pricing Changes. We reserve the right to change prices at any time. Price changes for existing Subscriptions take effect at the start of the next billing period, with reasonable advance notice.

7.4. Taxes. All Fees are exclusive of applicable taxes. You are responsible for all taxes, except taxes on the Company's income.

7.5. Refunds. Credits and Subscription fees are non-refundable except as required by applicable law.

8. Expert Services (Request Expert)

8.1. Nature of Service. Expert Services are an optional, add-on service through which OpenKBS personnel build or configure an Application on the Platform on the Customer's behalf. Expert Services are performed entirely within the Platform environment and are subject to these Terms.

8.2. Not Custom Software Development. Expert Services constitute accelerated application building on the Platform using the Platform's existing tools and capabilities. They do not constitute custom software development, outsourcing, consulting, or a partnership arrangement.

8.3. No Separate Agreements. Expert Services are governed exclusively by these Terms. OpenKBS does not enter into separate framework agreements, statements of work, non-disclosure agreements, or data processing agreements for Expert Services beyond those already provided as part of these Terms (including the DPA).

8.4. Ownership of Work Product. The Application Code created during Expert Services is owned by the Customer, consistent with Section 5.2. The Platform Technology, SDK, and any general-purpose tools, methodologies, or approaches used by OpenKBS remain the property of the Company, consistent with Section 5.1.

8.5. No Exclusivity. Expert Services are subject to the non-exclusivity provisions of Section 6. OpenKBS may provide Expert Services to other Customers in the same industry or market segment.

8.6. Knowledge and Experience.

(a) General Technical Skills. OpenKBS retains general technical skills and development experience naturally gained through professional work — such as knowledge of programming languages, architectural patterns, and publicly available technical approaches. This does not include the Customer's proprietary business logic, trade secrets, or confidential information.

(b) Application-Specific Materials. OpenKBS will not copy or directly transfer a Customer's specific Application Code (including prompts, business logic configurations, and custom workflows) to another Customer's Application. Each Customer's Application is built independently.

(c) Data Isolation. Customer Data processed during Expert Services is isolated and protected in accordance with the Privacy Policy and DPA. OpenKBS personnel access Customer Data only to the extent necessary to perform the requested Expert Services.

8.7. Scope and Limitations.

(a) Expert Services are scoped to building or configuring Applications within the Platform. They do not include ongoing maintenance, support, hosting outside the Platform, regulatory compliance consulting, or legal advice.

(b) The Customer is responsible for testing, validating, and accepting the Application created through Expert Services.

(c) OpenKBS does not warrant that Applications created through Expert Services will be error-free, meet specific performance criteria, or comply with any particular regulatory framework.

8.8. Payment. Expert Services are billed at the rates published on the Platform or as communicated in writing prior to commencement. Payment is due in accordance with Section 7.

9. Customer Data and Responsibility

9.1. Customer Responsibility. You are solely responsible for:

(a) the accuracy, legality, and appropriateness of all Customer Data;

(b) obtaining all necessary rights, consents, and permissions to share Customer Data with the Platform;

(d) maintaining independent backups of all Customer Data;

(e) the security and compliance of any environments in which Generated Output or Applications are used.

9.2. No Sensitive Data. Unless expressly agreed in writing, you must not share sensitive data protected under special legislation (such as protected health information or payment card data) with the Platform.

9.3. Backups. You must regularly and independently back up all Customer Data, Applications, and Generated Output. The Company is not liable for any loss, deletion, corruption, or unavailability of Customer Data attributable to the Customer.

9.4. Data Export. You may export your Application Code and Customer Data at any time through the Platform's available export tools. Upon termination, you may request export of your data within fifteen (15) days following termination, after which the Company may delete all Customer Data.

10. Third-Party AI Services

10.1. AI Service Providers. The Platform utilizes third-party AI services and large language models ("AI Services") to provide its functionality. These include, but are not limited to, services provided by OpenAI, Anthropic, Google, and other AI providers.

10.2. Data Transmission. In the course of providing the Platform, Customer Data (including Input Data) may be transmitted to AI Service providers for processing. Such transmission is governed by the Company's agreements with those providers and the DPA.

10.3. AI Limitations. You acknowledge that:

(a) AI Services may produce inaccurate, incomplete, or misleading output ("hallucinations");

(b) AI Services and their terms are outside the Company's control;

(d) you are solely responsible for verifying and validating all AI-generated output before use.

10.4. Changes to AI Providers. The Company may change AI Service providers at any time. We will use reasonable efforts to maintain Platform functionality during such transitions.

11. Application Blueprints Disclaimer

11.1. Blueprints are developmental templates intended solely as starting points. They are not production-ready solutions and require significant modification before deployment.

11.2. You are solely responsible for: conducting comprehensive code reviews and security audits; implementing robust security measures; performing extensive testing; ensuring compliance with applicable regulations; and creating and maintaining data backups before utilizing any agent with access to business data.

11.3. Blueprints are provided "as-is" without any warranties. The Company is not liable for any damages arising from the use of Blueprints.

12. Third-Party Agents and Marketplace

12.1. Agents or templates published by third-party developers on the OpenKBS Marketplace are not reviewed or audited by OpenKBS.

12.2. The Company assumes no liability for the functionality, legality, or security of third-party agents.

12.3. You install and interact with third-party agents at your own risk. Disputes arising from third-party agents must be resolved directly with their creators.

13. Consumption Measurement

To ensure optimal performance, our chat model's streaming APIs use a static estimation function to measure token usage. Input and output token counts may vary from those reported by the original AI vendors.

14. High-Risk and Prohibited Use Cases

OpenKBS strictly prohibits the use of its services for any high-risk activities that could cause physical, financial, or reputational damage to users or third parties. These include, but are not limited to, those listed in Section 4.3. Violation may result in immediate account suspension, legal reporting, and forfeiture of all unused Credits.

15. Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, ALL SERVICES (INCLUDING EXPERT SERVICES), GENERATED OUTPUT, BLUEPRINTS, AND ALL RELATED CONTENT AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, OR NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VULNERABILITIES, OR THAT IT WILL MEET YOUR SPECIFIC REQUIREMENTS.

THE COMPANY DOES NOT WARRANT THAT ANY GENERATED OUTPUT OR APPLICATION WILL BE ACCURATE, COMPLETE, ORIGINAL, LEGALLY PROTECTABLE, OR COMPLIANT WITH ANY APPLICABLE LAW OR REGULATION.

THE CUSTOMER IS SOLELY RESPONSIBLE FOR EVALUATING AND TESTING ALL GENERATED OUTPUT, APPLICATIONS, AND EXPERT SERVICES DELIVERABLES BEFORE USE IN ANY PRODUCTION ENVIRONMENT.

16. No Warranty for Legal or Regulatory Compliance

The Platform provides tools and agents as general-purpose automation instruments. We do not warrant that any use of the Platform will comply with any local, national, or international law. It is solely your responsibility to ensure that your usage:

(a) does not violate GDPR, HIPAA, or any other data protection regulation;

(b) is authorized under relevant financial, legal, or healthcare regulations;

You agree to indemnify OpenKBS against any claims arising from regulatory violations, fines, or legal disputes resulting from your use of the Platform.

17. Limitation of Liability

17.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE THEORY OF LIABILITY.

17.2. THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

17.3. The limitations in this Section do not apply to liability arising from fraud, gross negligence, or willful misconduct.

18. Indemnification

18.1. By Customer. You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective employees and agents against any claims, damages, and costs (including reasonable attorneys' fees) arising from:

(a) your use of the Platform in violation of these Terms;

(b) your Application Code, Customer Data, or Generated Output;

(d) any claim by a third party (including your end users) relating to your Application;

(e) your use of Expert Services in a manner inconsistent with these Terms.

18.2. Procedure. The indemnified party shall provide prompt written notice and reasonable cooperation. The indemnifying party shall have exclusive control of the defense and settlement.

19. Sanctions Compliance and Restricted Entities

By using the Platform, you represent and warrant that neither you nor any organization you represent are subject to any trade, economic, or financial sanctions administered by any governmental authority, including the United Nations, the European Union, the United Kingdom, or the United States. You further agree that you are not located in, under the control of, or a national or resident of any country subject to such sanctions. We reserve the right to decline, suspend, or terminate any account or transaction that we reasonably believe may involve restricted parties or jurisdictions.

20. Technology Certification and Liability

OpenKBS utilizes cloud technologies (such as AWS Lambda) which are independently certified (e.g., ISO/IEC 27001, SOC 2, GDPR). However, OpenKBS itself does not hold independent certifications unless otherwise stated. Use of OpenKBS in certified environments is at your own risk and requires additional evaluation.

21. Term and Termination

21.1. Term. These Terms are effective from the date you first access or use the Platform and continue until terminated.

21.2. Termination by Customer. You may terminate your Account at any time through the Platform settings or by contacting us at office@openkbs.com.

21.3. Termination by Company. We may suspend or terminate your access to the Platform immediately, without prior notice, for any reason, including:

(a) violation of these Terms, including the Prohibited Use provisions;

(b) failure to pay applicable fees;

(d) as required by applicable law.

21.4. Effect of Termination.

(a) All licenses granted under these Terms terminate immediately;

(b) You may request export of your Customer Data and Application Code within fifteen (15) days following termination;

(d) Accrued payment obligations survive termination;

(e) Sections 5, 6, 8.6, 9, 15, 16, 17, 18, and 22 survive termination.

22. Dispute Resolution

22.1. Good Faith Negotiation. The parties shall first attempt to resolve any dispute through good faith negotiation.

22.2. Arbitration. If negotiation fails, disputes shall be resolved through binding arbitration.

22.3. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

22.4. Inter-User Disputes. OpenKBS is not responsible for disputes between users over similar implementations, competing applications, or overlapping functionality.

22.5. Costs. Bad-faith claims against OpenKBS may require reimbursement of the Company's legal costs.

23. General Provisions

23.1. Entire Agreement. These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between you and the Company regarding the Platform and supersede all prior agreements.

23.2. Amendments. We may update these Terms at any time by posting the revised version on the Platform. Continued use after changes constitutes acceptance. We will notify Customers of significant changes.

23.3. Severability. If any provision is found unenforceable, the remaining provisions remain in full force.

23.4. No Waiver. Failure to enforce any right does not constitute a waiver of that right.

23.5. Assignment. The Company may assign these Terms without your consent. You may not assign your rights without our prior written consent.

23.6. Force Majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, pandemics, government actions, or technical failures. Payment obligations are not affected.

23.7. Independent Parties. These Terms do not create a partnership, joint venture, agency, or employment relationship between the parties.

23.8. Governing Law. These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of laws principles. Alternatively, for Customers located in the European Union, these Terms are governed by the laws of the Republic of Bulgaria.

23.9. Notices. All notices under these Terms shall be sent by email to the addresses associated with the Account (for the Customer) or to office@openkbs.com (for the Company).

23.10. Customer Reference. We may use your name and logo to identify you as a customer of the Platform in marketing materials. Publication of case studies or detailed content requires your prior written consent.

24. Contact Information

For questions or inquiries related to these Terms, please contact us at office@openkbs.com.