Terms of Service and Acceptable Use Policy

1. Acceptance of Terms

By accessing or using our Kanawai AI platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Kanawai AI platform. If you are using the Kanawai AI platform on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Service

Kanawai AI provides an AI-powered platform for litigators designed to assist with legal workflows, document analysis, and other related tasks. The Kanawai AI platform is provided on a software-as-a-service basis. We reserve the right to modify, suspend, or discontinue the Kanawai AI platform, in whole or in part, at any time with or without notice.

3. User Accounts and Responsibilities

• Account Creation: To access most features of the Kanawai AI platform, you must register for an account. When you register, you agree to provide accurate, current, and complete information.
• Account Security: You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
• Your Responsibilities: You are responsible for your conduct, the content you submit to the Kanawai AI platform ("User Content"), and your compliance with these Terms. You agree to use the Kanawai AI platform in compliance with all applicable local, state, national, and international laws, rules, and regulations.

4. Your Client Data and Content

You retain all ownership rights to your Client Data and Content (also defined as, "User Content"). We define client data and content as official legal documents, including (but not limited to):

• Legal pleadings
• Legal briefs
• Legal motions
• Legal exhibits
• Client medical records
• Client financial records
• Client personal information
• Client communication records

This client data and user content is never used for training Kanawai AI models or models used by third parties such as Google, Anthropic and OpenAI; and we claim no ownership rights.

However, by submitting client data and user content to the Kanawai AI platform, the data will be used as grounding context to generate new user generated content and derivitives, such as Document Summarizations and Document Splitting. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.

5. Our Policy on Client Data for AI + Generative AI Training

We prohibit using your Client Data for the purposes of training any Kanawai AI Generative AI models, large language models, vision models, AI, or any other AI system. We never use legal client data to train or improve the underlying Generative AI and Large Language Models (LLMs) that power Kanawai AI without explicit permission.

Kanawai AI integrates with existing data security measures in our cloud infrastructure to prevent unauthorized data access and exfiltration. We take your Client Data seriously and implement data isolation and security controls, including robust access policies, to further secure AI and Generative AI usage.

How we define User Data, User Generated Content, and Metadata

User Data includes all data that you or your users submit to the Kanawai platform, including but not limited to: client data and information (as described in greater detail in Section 4), case details, documents, notes, messages, and any other data that you or your users submit. User data is data that users provide to Kanawai through the services under their account.

User Generated Content is data that you generate yourself or provide to us, like data stored in Kanawai Cloud Storage, user content derivitives created through our tools such as Document Summarizer, Document Splitter, and our AI Assistants such as the Workers' Compensation persona.

Metadata is "data about data." It is not the content of your files (such as the text in a document or the images in a presentation) but rather information that describes the file itself. Examples include:

• Administrative: File name, file size, file type, file creation date, file modification date, file access date, file permissions, file location
• Descriptive: Title, author, keywords, and comments
• Technical: For an image, this could include camera type, resolution, and aperture settings. For a video, it could be frame rate and audio codec.
• Structural: For a client case packet, this could be the number of documents, pages, or chapters.

We do not sell, share, or rent your client data to any third parties for any purpose, including advertising or marketing. Any integration we support and you choose to activate with third parties (e.g., MerusCase, Microsoft Teams, Slack, etc.) is subject to the privacy policies and terms of service of those third parties.

6. How We Use Metadata

Our primary purpose for analyzing metadata is to improve our services and provide you with more relevant features. We do not analyze the content of your files for this purpose. Metadata analysis is used for:

• Improving Search and Organization: By analyzing metadata like titles, authors, and keywords, we can provide more accurate and faster search results, helping you find your files more efficiently.
• Enhancing User Experience: Understanding file types and creation dates allows us to offer smart organization features, such as sorting files by type or date, and suggesting relevant actions.
• Optimizing Service: Analyzing technical metadata helps us optimize storage, improve performance, and ensure compatibility across different devices and platforms. For instance, knowing the resolution of an image can help us display it optimally.
• Anonymized Analytics: We may aggregate metadata to understand usage trends, such as the most common file types or average file sizes. This data is always anonymized and helps us make informed decisions about future features and improvements.

We do not sell, share, or rent your client data to any third parties for any purpose, including advertising or marketing. Any integration we support and you choose to activate with third parties (e.g., MerusCase, Microsoft Teams, Slack, etc.) is subject to the privacy policies and terms of service of those third parties.

7. Intellectual Property

Excluding your User Content, all materials within the Kanawai AI platform, including, but not limited to, user generated content, metadata, software, text, graphics, logos, and images (collectively, the "Kanawai IP"), are the property of Kanawai AI LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-sublicensable license to access and use the Kanawai AI platform and Kanawai IP for your internal business purposes.

8. Mutual Indemnification

This section defines the shared responsibilities between Kanawai AI and you, the Subscriber, in the event of third-party legal claims.

8.1 Our Commitment to You (Indemnification by Kanawai AI)

• Platform IP Protection: Kanawai AI will defend you against any third-party claim alleging that your use of our Services, as permitted under this Agreement, infringes on their Intellectual Property Rights. We will cover the costs of any damages finally awarded against you as a result of such a claim.
• Our Proactive Options: If we believe our Services are likely to face an infringement claim, we reserve the right to:
  • Substitute the service with a functionally equivalent, non-infringing alternative.
  • Procure the necessary rights for you to continue using the Service.
  • If the above options are not commercially viable, terminate the Agreement and refund any prepaid, unused subscription fees.
• Limitations: Our indemnification duty does not extend to claims arising from: (a) technology or data not provided by Kanawai AI; (b) your specific Input; (c) Output generated from Input that violates this Agreement; or (d) any unauthorized modification or use of the Services.

8.2 Your Responsibility to Us (Indemnification by Subscriber)

• Input and Output Accountability: You will defend Kanawai AI against any third-party claim arising from your Input or any Output generated from it that violates this Agreement. This includes situations where you knew, or reasonably should have known, that the Input was improper. You agree to cover any damages awarded against Kanawai AI from such claims.

8.3 Procedures for Indemnification

To activate these obligations, the party seeking indemnification (the "Indemnified Party") must promptly notify the other party (the "Indemnifying Party") in writing, grant them sole control over the defense and settlement, and provide reasonable assistance at the Indemnifying Party's expense.

9. Warranties, Disclaimers, and Professional Responsibility

9.1 The Nature of AI in Legal Tech

• AI is a Tool, Not a Replacement for Professional Judgment: The field of artificial intelligence is evolving. While Kanawai AI strives to provide accurate, reliable, and beneficial Services, the probabilistic nature of AI means that Output may sometimes be incorrect or incomplete.
• Your Duty of Review: You, the Subscriber, are solely responsible for evaluating the accuracy, quality, and appropriateness of all Output.
• Human review is essential. You are also responsible for ensuring that your Input and subsequent use of the Output are lawful and do not infringe on any third-party rights.

9.2 Crucial Disclaimer: Not Legal Advice

9.3 Disclaimer of Warranties

THE KANAWAI AI PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE KANAWAI AI PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

9.4 Limitation of Liability

IN NO EVENT SHALL KANAWAI AI LLC, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE KANAWAI AI PLATFORM.

10. Confidentiality, Feedback, and Platform Improvement

• Confidentiality of Your Data: Your Input and Output are treated as your Confidential Information. Kanawai AI will not use your data to train its general AI models without your explicit consent.
• Your Feedback is Valuable: We encourage you to provide feedback and suggestions. Please note that any feedback you provide is not considered confidential. Kanawai AI may use it freely to improve our services without compensation to you, and we will own any intellectual property resulting from it.
• Usage Data for a Better Service: Kanawai AI collects anonymized and aggregated Usage Data (e.g., feature interaction frequency) to develop, support, and operate our Services. This data will never identify you or your clients and is only shared with third parties if required by law or to support our service infrastructure under strict confidentiality terms.

11. Billing and Payment

• Fees: Access to certain features of the Kanawai AI platform may require you to pay fees. All fees are in U.S. Dollars and are non-refundable, except as required by law.
• Billing: Kanawai AI offers both one-time and recurring billing options. For recurring subscriptions, you authorize us to charge your payment method on an ongoing basis until you cancel. You can manage your subscription and payment information through your account settings.
• Taxes: You are responsible for all applicable taxes, and we will charge tax when required to do so.

12. Termination

We may terminate or suspend your access to the Kanawai AI platform immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the Kanawai AI platform will immediately cease.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use the Kanawai AI platform after those revisions become effective, you agree to be bound by the revised terms.

15. Acceptable Use Policy

Your use of the Kanawai AI platform requires adherence to the following standards of conduct.

Your Core Responsibilities

• Secure Your Credentials: You are responsible for maintaining the confidentiality of your username, password, and any other access credentials.
• Report Breaches: Immediately notify Kanawai AI at legal@kanawai.ai if you discover or suspect any unauthorized use of your account or our Services.
• Rights to Input: Ensure you have all necessary rights, permissions, and consents to use any content you provide as Input.

Prohibited Actions

You agree not to use the Kanawai AI platform to:

• Infringe on Rights: Create, store, or share any material that infringes on any person's intellectual property, privacy, or other rights.
• Violate Professional or Legal Duties: Input or generate content that would violate attorney-client privilege, a protective court order, or any other professional, ethical, or legal obligation.
• Introduce Malicious Code: Upload or transmit any viruses, malware, or other code intended to disrupt or compromise our network or information systems.
• Reverse Engineer: Attempt to decompile, reverse engineer, or otherwise derive the source code of our software.
• Build a Competing Service: Use your access to our Services as a basis for creating a product or service that competes with Kanawai AI.
• Automated Extraction: Employ scraping, web harvesting, or any other automated method to extract data or Output from our platform without our express written permission.

16. Contact Us

If you have any questions about these Terms, please contact us at: