TERMS OF USE

Updated and effective: August 26, 2025

Geographical Restrictions

Please Note: Currently, Kaimo’s Services are not available in all regions due to varying regulatory and data privacy requirements. This includes the European Union (EU) and the United Kingdom (UK), where compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws presents significant complexities. As we continue to grow and adapt to legal developments, we look forward to expanding our services and offering them to users in these and other regions in the future.

Welcome to Kaimo! BY REGISTERING FOR AN ACCOUNT, CLICKING ON THE “SIGN UP” BUTTON, OR BY ACCESSING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. PLEASE READ THESE TERMS CAREFULLY.

These Terms of Use apply to your use of Kaimo’s testing services, along with any associated software applications, website, and other services and features (all together, “Services”). These Terms form an agreement (“Agreement”) between you or the organization that you represent (“you”, “your”, “Customer”) and Lanyard, Inc., a Delaware company doing business as Kaimo (“we”, “us”, “our”).  If you are agreeing to this Agreement on behalf of an organization, you represent and warrant that you have the legal authority to bind the organization to these terms. If you are unsure of your authority, please seek approval from someone who does. Your organization will be responsible for complying with this Agreement. If you are using our Services for yourself, you confirm that you are over 18 years old and have the legal capacity to enter into contracts.

DO NOT USE OUR SERVICES IF:

(1) you are aged below eighteen (18) years, or

(2) your use of our Services will subject us to the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), or Gramm-Leach-Bliley Act (GLBA).

1. Services

  1. Overview.  Kaimo offers AI-powered services that generate and execute tests for web applications (“Outputs”) based on natural language prompts and details provided by our Customers (“Inputs” and together with Outputs, “Content”), including information related to Customer's web application that will be tested using our Services ("Target Web App(s)" discussed below), enhancing the efficiency and effectiveness of web development processes.  You may not provide Inputs or use our Services in any way that infringes or violates someone else’s rights, including intellectual property rights. Except as expressly provided in these Terms, you retain all right, title, and interest – including any intellectual property rights – that you have in and to your Inputs. We reserve the right to modify or update our Services as necessary or desirable to enhance performance, provided such changes do not materially decrease the functionality or security of our Services.

The information provided when using Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. Target Web App(s).  As part of the onboarding process, we require the collection of specific information related to Target Web App(s). This information is critical for us to access and interact with the Target Web App(s) effectively. The data collected includes, but is not limited to, the Target Web App's URL, a detailed description of the app, and any necessary login credentials. As part of using our Services, you hereby consent to and authorize us to (i) collect the aforementioned data related to Target Web App(s) as necessary in providing you with our Services and (ii) access your Target Web App(s) using the collected data for the purpose of conducting tests on Target Web App(s).

In addition to standard testing procedures, you have the option to enable external processes to be triggered upon completion of these tests. The expanded authorization facilitates a seamless integration of our testing services with Customer’s operational workflows, enhancing both efficiency and responsiveness. By providing us with relevant webhook information or an email address for notifications, you expressly consent to and authorize us to use such information for the purpose of executing webhooks and sending email notifications related to test completions on your Target Web Apps. This consent includes the collection, processing, and transmission of data as necessary to fulfill these functions. You further acknowledge that this authorization is a critical component in the provision of our Services, designed to enhance your testing and monitoring capabilities.

  1. Use of Services.  We grant you a non-exclusive, limited right to access and use Services during the term of your subscription. You hereby acknowledge and authorize us to perform all actions necessary or desirable for delivering our Services to you within Target Web App(s), including but not limited to executing JavaScript code within the Target Web App(s) and performing browser interactions, such as but not limited to clicking, typing, hovering, scrolling, navigating to a URL, uploading files, and downloading files, to the the Target Web App(s). You further acknowledge and agree to our capturing and utilizing screenshots of the Target Web App(s) as part of our Services. These screenshots may be modified to include visual markers for highlighting specific features or issues. Such modifications are solely for the purpose of enhancing our Services and improving user experience. By using our Services, you consent to these functionalities, features and the associated processes.

  1. Responsibilities.  You must provide accurate and up-to-date account information. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Services. You are responsible for all activities that occur under your account. You may not make account access credentials available to third parties, share individual login credentials between multiple users on an account, or resell or lease access to your account. You will promptly notify us if you become aware of any unauthorized access to or use of your account or our Services.

Further, you acknowledge and agree that you are solely responsible for (a) all use of Services associated with your account; (b) maintaining the confidentiality of your account names, passwords, and API keys; (c) using Services for lawful purposes only and subject to these Terms; and (d) identifying and removing any sensitive or proprietary information that you wish to exclude from LLMs’ access in your Target Web App(s) before prompting for Outputs. Finally, you agree that we are not liable for any losses incurred as a result of a third party's use of your account, regardless of whether such use is with or without your knowledge and consent.

  1. Limitations of Outputs.  It is your responsibility to evaluate whether Outputs are appropriate for your use case, including where human or professional review is appropriate, before using or sharing Outputs. Outputs should not be relied upon without independently checking for accuracy and appropriateness. You further acknowledge that due to the nature of artificial intelligence generally, Outputs may, in very rare instances, be similar or even identical to outputs others generate.

  1. Feedback.  If you provide us with any feedback regarding our Services including ideas, suggestions, ratings, and/or reporting of any issues (collectively, “Feedback”), we may use such Feedback freely at our own risk and without any obligation to you. For clarity, we shall not be obligated to maintain Feedback in confidence, pay any compensation for any Feedback, or to respond to such Feedback. Your Feedback shall not violate any right of third parties or contain libelous or otherwise unlawful, abusive material, or any computer virus or malware that could in any way affect our Services or our website.

  1. Data Privacy.  If you share personal data or personally identifiable information with us, our Data Processing Addendum under Exhibit A applies and is incorporated herein by reference. Please also read our Privacy Policy. You also acknowledge that, except as described in these Terms, the information you provide to us or that we collect will be used and protected as described in the Privacy Policy.

  1. Chatbot:  You understand and acknowledge that you are interacting with an interactive AI agent rather than a real human.

  1. Use of Fake or Random Data for Testing.  Our Services may generate entirely fictional or arbitrary data to create inputs for use in performing tests. For example, if there is an input for a first name, our software might generate arbitrary first names to include in the tests. By using our Services, you acknowledge and agree that our software may generate fictional or random data. We expressly disclaim all representations and warranties, whether express or implied, regarding the accuracy, reliability, or suitability of such fictional or randomly generated data. This data is intended solely for testing purposes and should not be relied upon for decision-making or interpreted as real or actionable information.

2. Acceptable Use; Restrictions

  1. Compliance.  Each party will comply with all laws and regulations applicable to the provision and use of Services, including any applicable data privacy laws and use policies of third party vendors as applicable.

  1. Acceptable Use.  You may only use our Services in compliance with these Terms, and shall cooperate with all reasonable requests for information from us to support compliance with our Terms, including to verify your identity and use of Services.

  1. Restrictions.  As a customer of our Services, you agree not to use Services to:

  1. Violate applicable laws, our Terms of Use, or the use policies of external LLMs;
  2. Create or offer a product or service that competes with ours, or engage in actions that disparage, tarnish, or harm us and/or our Services;
  3. Attempt to reverse engineer, decompile, or otherwise access the underlying code or functionality of our Services;
  4. Interfere with or disrupt the integrity or performance of our Services;
  5. Circumvent any technological measures we implement to protect the security or integrity of our Services;
  6. Violate or infringe upon the rights of others, including intellectual property rights;
  7. Copy, distribute, or modify our Services without our express authorization;
  8. Send us any personal information of children under 13;
  9. Harass, abuse, or harm any person;
  10. Incite violence or compromise someone’s privacy or identity;
  11. Produce or disseminate content that discriminates against, demeans, or incites hatred towards individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic; and
  12. Create or disseminate false or misleading information with the intent to deceive or mislead others, including the fabrication of news stories, hoaxes, or conspiracy theories.

3. Use of External LMs

  1. Use Policies:  Our Services utilize external LLMs. We adhere strictly to the commercial terms and use policies of our vendors. By using our Services, you acknowledge that your Inputs will be processed by these external LLMs in accordance with their respective terms and policies, as may be updated from time to time by the respective LLM providers, and that you are also responsible to abide by their use policies, which are available at:

OpenAI 

Anthropic

Google APIs

Google Gemini

We may also update our vendors from time to time, in which case we will update our Terms to reflect such changes. If any provision of the external LLMs’ use policies is found to be unenforceable or invalid, the remainder of these Terms shall continue in full force and effect.

  1. No Liability for External Models:  While we take all necessary and commercially reasonable precautions, we are not liable for the actual processing of, or the Outputs generated by, external LLMs. Our Services rely on the use of external LLMs to automate web testing using natural language prompts. As such, we shall not be held responsible for the generation of, or the execution of, the web app tests rendered by external LLMs, which are outside of our direct control.

If you do not agree with our use of external LLMs, please do not access or use our Services. By continuing to access and use our Services, you acknowledge and agree to this limitation of liability with respect to external LLMs.

4. Intellectual Property

Except as expressly stated in these Terms, these Terms do not grant either party any rights to the other’s content or intellectual property either explicitly or implicitly. As between you and us, and to the extent permitted by applicable U.S. intellectual property laws and subject to these Terms, you retain all ownership rights in your Inputs and aspects of the Outputs that are deemed to be your original expression or contribution under the U.S. intellectual property laws.

We are the owner or the licensee of all intellectual property rights in our Services, including, but not limited to, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in Services. Services contain materials that are proprietary and are protected by intellectual property laws. Except as otherwise expressly provided, none of Services may be copied, reproduced, reverse-engineered, republished, displayed, transmitted or distributed in any way and nothing on Services shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted in these Terms are reserved by us.

The trademarks, logos, taglines, and service marks displayed with Services (collectively, the “Trademarks”) are registered and unregistered Trademarks of ours and others. The Trademarks may not be used without our prior express written permission. We acknowledge the Trademarks of other organizations for their respective products or services provided with our Services. Other than as provided in these Terms, your use of the Trademarks is strictly prohibited.

We may use Content and related information pursuant to these Terms and Privacy Policy, and may do so through automated or manual review, as well as through third-party vendors in certain instances, to: (i) provide, maintain, and improve our Services and features; (ii) conduct research; (iii) monitor our customers’ compliance with these Terms and applicable laws; and (iv) investigate or remove accounts that violate these Terms.

5. Licenses

  1. License to us.  By using our Services, you grant us a non-exclusive, worldwide, fully-paid up, royalty-free, sublicensable, transferable, perpetual, irrevocable license to use, reproduce, modify, display, distribute, and create derivative works of any Content for the purposes of providing our Services, improving our Services, developing new features, and training, improving, enhancing, and modifying our artificial intelligence models for enhanced functionality, accuracy, and performance. You represent and warrant to us that you have the right, title, and/or authority to grant us the foregoing license.

  1. License to Customer.  Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use Services and Outputs to test, develop, and improve Target Web App(s) and related products and services. This includes the right to incorporate Outputs into your commercial offerings, provided that you do not redistribute or resell Outputs as a standalone product or service. You shall not modify, reverse engineer, decompile, or disassemble Services or Outputs. You shall not use Outputs for any unlawful or unauthorized purpose, nor shall you attempt to gain unauthorized access to our underlying technologies or artificial intelligence models. Except for the limited license granted herein, we retain all right, title, and interest in and to the Services including all associated intellectual property rights. The limited license shall remain in effect for the duration of your subscription, unless terminated earlier by us. Upon termination, all rights and licenses granted to you herein shall immediately cease.

6. Payment and Billing

  1. Payment of Fees:  You are responsible for fees incurred by your account. We reserve the right in the future to change prices upon notice to you, which may be sent by email or directly posted on our website. Your use of Services following such notification or change constitutes your acceptance of any new pricing.

  1. Third-Party Payment Processor:  We use Stripe, Inc. (“Stripe”) as our third party service provider for payment services. By using Services, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/privacy, which may be updated from time to time, and hereby consent and authorize us and Stripe to share any information to the minimum extent necessary to complete your transaction.  

  1. Taxes:  Fees do not include any taxes, duties, or assessments that may be owed by you for use of Services (“Taxes”). You are responsible for remitting any necessary withholding Taxes to the relevant authority on a timely basis.

  1. Sales Tax:  In addition to the Fees, we may charge and collect sales tax on taxable services provided to customers, as required by applicable sales tax laws and regulations in the jurisdictions where we operate. We are responsible for remitting the collected sales tax to the appropriate tax authorities.

  1. Billing:  Failure to pay us all amounts owed when due may result in suspension or termination of your access to Services. All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

7. Third-Party Services and Links

Our Services may use or be used in connection with third-party content, services, or integrations. We do not control or accept responsibility for any loss or damage that may arise from your use of any third-party content, services, and integrations, for which we make no representations or warranties. Your use of any third-party content, services, and integrations is at your own risk and subject to any terms, conditions, or policies (including privacy policies) applicable to such third-party content, services, and integrations.

8. Changes and Interruptions

We may change, modify, or remove any components or features of Services at any time for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Services.

We cannot guarantee Services will be available at all times. We may experience technical problems or need to perform regular maintenance related to our Services, resulting in occasional interruptions or delays. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Services during any downtime or discontinuance of our Services.

9. Termination and Suspension

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you violate any of these Terms. We shall not be liable to you or to any third party for any modification, suspension or termination of our Services.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.

Termination will not affect any rights or obligations, including the payment of amounts due, which have accrued up to the date of termination or expiration. Upon termination of your account, the provisions that are intended by their nature to survive termination will survive and continue in full force and effect in accordance with their terms, including limitations of liability and disclaimers.

10. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using our Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised that our Services are hosted in the United States. If you access Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of our Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

11. Disputes

  1. Disputes:  In the event of a dispute, claim or controversy relating to these Terms (“Dispute”), the parties will first attempt in good faith to informally resolve the matter. The party raising the Dispute must notify the other party (“Dispute Notice”), who will have 15 days from the date of delivery of the Dispute Notice to propose a time for the parties to meet with appropriately leveled executives to attempt to resolve the Dispute. If the parties have not resolved the dispute within 60 days of delivery of the Dispute Notice, either party may seek to resolve the dispute through arbitration as stated below.

  1. Arbitration:  If the parties are unable to resolve Dispute through informal discussions, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. EACH PARTY AGREES THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW IN CONNECTION WITH THESE TERMS. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The independent, expert arbitrator will make a decision in writing. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Santa Clara, California. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

  1. Jurisdiction:  If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Santa Clara, California, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

  1. Exclusions:  The parties further agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

  1. Confidentiality:  The arbitrator shall honor all evidentiary privileges recognized at law, and shall enter orders as appropriate in order to protect the parties’ trade secrets or confidential information. The parties agree to maintain either party’s trade secrets or proprietary business information as confidential and to protect the confidentiality of any other information (such as private customer information) that is legally protected from disclosure. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.

12. Indemnification

You agree to defend, indemnify, and hold us harmless, including all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

13. Warranties and Limits on Liability

  1. Warranties.  Each party represents and warrants that (a) it is authorized to enter into these Terms; and (b) entering into and performing these Terms will not violate any of its corporate rules, if applicable. You further represent and warrant that you have all rights and permissions required to submit Prompts to Services.

  1. Disclaimer of Warranties.  EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW (A) SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND; AND (B) WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD-PARTY PRODUCTS OR SERVICES, INCLUDING THOSE OF THIRD-PARTY LLM PROVIDERS. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING OR PERFORMANCE, OR TRADE USE. WE DO NOT WARRANT, AND DISCLAIM THAT, SERVICES OR OUTPUTS ARE ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THEIR USE WILL BE APPROPRIATE. OUTPUTS ARE GENERATED THROUGH ARTIFICIAL INTELLIGENCE AND ARE NOT TESTED, VERIFIED, ENDORSED, OR GUARANTEED TO BE ACCURATE, COMPLETE, ORIGINAL, OR CURRENT. YOU SHOULD INDEPENDENTLY REVIEW AND VERIFY THE APPROPRIATENESS OF ALL OUTPUTS FOR YOUR USE CASES OR APPLICATIONS. REFERENCES TO ANY THIRD PARTY IN THE OUTPUTS DO NOT MEAN THEY ENDORSE US OR WORK WITH US.

WE STRIVE TO ENSURE THE ACCURACY AND RELIABILITY OF OUR SERVICES. HOWEVER, WE CANNOT GUARANTEE THAT OUR SERVICES WILL OPERATE ERROR-FREE OR THAT IT WILL IDENTIFY EVERY POTENTIAL BUG OR DEFECT IN THE CUSTOMER'S WEB APPLICATION. THE SOFTWARE IS DESIGNED TO ASSIST IN IDENTIFYING POTENTIAL ISSUES, BUT IT IS NOT INFALLIBLE. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE FINAL DECISION TO DEPLOY OR NOT DEPLOY A PARTICULAR VERSION OF THEIR WEB APPLICATION IS SOLELY THEIR RESPONSIBILITY.

  1. Limits on Liability.  IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. General

  1. Notices.  All notices, demands, waivers, and other communications under these Terms (each, a "Notice") must be in writing. Except for notices related to demands to arbitrate or where equitable relief is sought, any Notices provided under these Terms may be delivered electronically to your email address or other authorized addresses provided to us. Notice is effective upon receipt by the receiving party.

  1. Amendment and Modification.  We may update, modify, or replace these Terms at any time at our sole discretion. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms.

  1. Force Majeure.  Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.

  1. Severability.  If any provision of this Addendum is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Addendum shall remain in full force and effect.

  1. Governing Law; Venue.  The laws of the State of California will govern these Terms without giving effect to any choice of law provision. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Any action or proceeding arising from or relating to these Terms must be brought in the federal or state courts located in California.

  1. Assignment.  You may not assign or transfer any of your rights or delegate any of your obligations hereunder, whether voluntarily, involuntarily, by operation of law or otherwise.

  1. Export Regulation.  Our Services may be subject to U.S. export control laws. You may not export or provide access to our Services to persons or entities or into countries or for uses where it is prohibited under U.S. or other applicable international law.

  1. Equitable Relief.  You acknowledge and agree that a breach or threatened breach of any of your obligations or our rights under Sections 1, 2, 3, 4, 5, and 10 would cause us irreparable harm for which monetary damages would not be an adequate remedy. In the event of such breach or threatened breach, we will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

  1. Electronic Communications.  You agree to receive electronic communications from us. Except where prohibited by applicable law, electronic communications may include email, posting on our website, text or SMS, or as you otherwise request us. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA SERVICES.

  1. Contact.  If you have any questions about these Terms, please contact us at info@kaimo.ai.

Exhibit A

Data Processing Addendum

This Data Processing Addendum ("Addendum") supplements and forms an integral part of the Terms of Use dated August 26, 2025 (“Agreement”), by and between Lanyard, Inc., d/b/a Kaimo ("Kaimo"), and the Customer, collectively referred to as the "Parties". Customer enters into this Addendum on behalf of itself and, to the extent required under applicable Data Protection Laws, in the name and on behalf of its affiliates, if any. This Addendum incorporates the terms of the Agreement, and any capitalized terms used but not defined herein shall have the meanings set forth in the Agreement.

1. Definitions

  1. Data Protection Laws means all laws and regulations applicable to the Processing of Customer’s Personal Data under the Agreement, including, as applicable: (i) the California Consumer Privacy Act, as amended by the California Privacy Rights Act, and any binding regulations promulgated thereunder (“CCPA”), (ii) the General Data Protection Regulation (Regulation (EU) 2016/679) (“EU GDPR”), (iii) the Swiss Federal Act on Data Protection (“FADP”), (iv) the EU GDPR as it forms part of the law of England and Wales by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the “UK GDPR”) and (v) the UK Data Protection Act 2018; in each case, as updated, amended or replaced from time to time.

  1. Data Subject means the identified or identifiable natural person to whom Customer’s Personal Data relates.

  1. Personal Data means information about an identified or identifiable natural person or which otherwise constitutes “personal data”, “personal information”, “personally identifiable information” or similar terms as defined in Data Protection Laws.

  1. Processing and inflections thereof refer to any operation or set of operations that is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  1. Subprocessor means an external third party or service provider authorized by Kaimo to Process any Personal Data, subject to Kaimo’s Privacy Policy and the Agreement, to deliver Services to Customer.

2. Purpose of Processing

  1. Purpose:  Kaimo shall collect and process only the necessary amounts of Personal Data to provide its Services to Customers, including running web app testing by leveraging external language learning models (LLMs), in compliance with the Agreement and this Addendum.

  1. Scope:  This Addendum applies to the Processing of Customer Personal Data under the Agreement to the extent such Processing is subject to Data Protection Laws. This Addendum is governed by the governing law under the Agreement unless otherwise required by Data Protection Laws. For the avoidance of doubt, Kaimo is not currently subject to any Data Protection Laws. However, it will continuously monitor its business practices and growth to ensure compliance should it become subject to these regulations in the future.

  1. Duration:  This Addendum commences on the day you access and use Kaimo’s Services and terminates upon expiration or termination of such Services (or, if later, the date on which Kaimo has ceased Processing of Customer’s Personal Data).

3. Customer’s Obligations

  1. Customer is solely responsible for the accuracy, completeness, and legality of Customer’s Personal Data provided to Kaimo, and any instructions it provides to Kaimo regarding the Processing of such Personal Data. Customer shall ensure that the Processing of Customer’s Personal Data in accordance with Customer’s instructions will not cause Kaimo to be in breach of Data Protection Laws.

  1. Personal Data provided or otherwise made available to Kaimo shall not contain any (a) social security numbers or other government-issued identification numbers; (b) protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA) or other information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a healthcare professional; (c) health insurance information; (d) biometric information; (e) credentials to any financial accounts; (f) tax return data; (g) any payment card information subject to the Payment Card Industry Data Security Standard; (h) Personal Data of children under 13 years of age; or (i) any other information that falls within any special categories of data (as defined in GDPR).

  1. Customer will ensure that it has established all necessary lawful bases under Data Protection Laws to enable Kaimo to lawfully Process Customer’s Personal Data for the purposes contemplated by the Agreement (and this Addendum), including, as applicable, by obtaining all necessary consents from, and giving all necessary notices to, Data Subjects.

4. Kaimo’s Obligations

  1. Compliance with Laws:  Kaimo shall process Customer’s Personal Data in accordance with applicable laws and regulations.

  1. Confidentiality:  Personnel engaged in the Processing of Personal Data shall maintain the confidentiality of all such sensitive data.

  1. Security Measures:  Appropriate technical and organizational measures will be implemented to ensure a level of security appropriate to the risk and nature of Personal Data. Kaimo will regularly monitor its compliance with its security measures and technical and organizational measures.

5. Transfer of Data

You acknowledge and agree that Kaimo may access and Process Personal Data on a global basis as necessary and at its discretion to provide the Services in accordance with the Agreement. Specifically, Personal Data may be transferred to and Processed by Kaimo in the United States and other jurisdictions where our affiliates and Subprocessors operate. Wherever Personal Data is transferred outside its country of origin, each party will ensure such transfers are made in compliance with the requirements of Data Protection Laws.

6. Subprocessors

  1. Use of Subprocessors:  Kaimo may engage Subprocessors to Process Personal Data. Kaimo will: (i) enter into a written agreement with each Subprocessor imposing data Processing and protection obligations substantially the same as those set out in this Addendum and (ii) remain liable for compliance with the obligations of this Addendum and for any acts or omissions of a Subprocessor that cause Kaimo to breach any of its obligations under this Addendum. Kaimo may update the Subprocessor list from time to time for accuracy and completeness.

  1. Subprocessor List.  When legally required, Kaimo will maintain an up-to-date list of its Subprocessors, including their functions and locations, as specified in the Subprocessor List, and publish such list on its website.

7. Indemnification

Each Party shall be liable for the damages it causes by Processing the Personal Data under this Addendum. The Parties agree to hold harmless and indemnify each other from any claim, cost, damage, or loss arising from their respective breaches of this Addendum.

8. Data Breach Notification

Kaimo shall notify Customer without undue delay upon becoming aware of a Personal Data breach, and make reasonable efforts to identify the cause of the security incident, mitigate the effects and remediate the cause to the extent within Kaimo’s reasonable control. The foregoing obligations shall not apply if a security incident results from the actions or omissions of Customer or Customer’s personnel. Kaimo’s obligation to report or respond to the Personal Data breach under this Addendum shall not be construed as an acknowledgement of any fault or liability with respect to such Personal Data breach.

9. Audit Rights

Customer may have the right, at its own expense, to audit Kaimo’s compliance with this Addendum during Kaimo’s regular business hours; provided, however, Kaimo may decline such audit requests if it is not legally obligated to grant them.

10. Term and Termination

This Addendum shall commence and continue in effect so long as Kaimo Processes Personal Data on behalf of Customers and is subject to Data Protection Laws.

11. Governing Law

This Addendum shall be governed by the laws specified in the Agreement.

12. General Provisions

This Addendum is part of the Agreement. In the event of any conflict between the terms of this Addendum and the Agreement, the terms of this Addendum shall control.