Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS -- INCLUDING LIMITATIONS ON LIABILITY, A DISCLAIMER OF ALL WARRANTIES, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.

1. Definitions

When we use the following capitalized terms in these Terms, here is what we mean:

• "AI Output" or "Output" means text, code, images, analysis, summaries, recommendations, and any other content generated by the Service in response to Your Content, whether through cloud AI Providers or local models.
• "AI Providers" means third-party providers of artificial intelligence models and services accessible through the Service, including without limitation Anthropic, OpenAI, Google, and local model providers via Ollama.
• "Beta Services" means features or versions of the Service offered on an alpha, preview, early access, or beta basis.
• "Brain" means Kent's local knowledge graph database that stores, indexes, and processes Your Content on your device.
• "Connected Services" means third-party applications, platforms, and services you authorize Kent to access and interact with, including email, file storage, calendar, productivity, database, communication, and any other services accessible through Kent's connector features.
• "Log Data" means operational telemetry including device type, operating system version, application version, IP address at license activation, session identifiers, error and debug codes, performance metrics, and other technical data.
• "Service Data" means aggregated, anonymized, or de-identified data derived from your use of the Service that cannot reasonably identify you or any individual.
• "Your Content" or "Customer Data" means all data, text, files, documents, images, audio, information, and other content you submit to, process through, store in, or generate using the Service.

2. Eligibility and Acceptance

2.1 Age Requirement

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 or older.

2.2 Authority

If you use the Service on behalf of a business, organization, or other entity ("Organization"), you represent and warrant that: (a) you are authorized to bind that Organization to these Terms; (b) you have read and understand these Terms; and (c) you agree to these Terms on behalf of that Organization.

2.3 Compliance

You represent and warrant that your use of the Service complies with all applicable federal, state, local, and international laws, regulations, and rules, and any agreements you have with third parties, including your employer's policies regarding AI tools, software, and data.

3. The Service

3.1 Description

Kent is an AI-powered desktop assistant that operates across your applications, processes your data through a local knowledge graph (the Brain), executes autonomous agent tasks, and integrates with Connected Services you authorize.

3.2 Beta Services

Beta Services are provided "AS IS" solely to allow testing and evaluation. Beta Services may be discontinued at any time without notice, may contain bugs or instabilities, and may result in loss of data. Your use of Beta Services is entirely at your own risk.

3.3 Nature of AI-Generated Content

You acknowledge and agree that:

• Output may contain errors, inaccuracies, omissions, or hallucinations
• Output does not constitute legal, financial, medical, accounting, tax, or any other professional advice
• Output may not be original and may be similar to output generated for other users
• We do not warrant that Output is accurate, complete, original, or free from third-party IP claims
• You are solely responsible for evaluating and verifying Output before relying on it
• You must not misrepresent AI Output as human-generated where such misrepresentation could cause harm

WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON OUTPUT.

4. Account and License

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Service on devices you own or control, solely for your personal or internal business purposes.

4.2 Restrictions

You agree not to, and not to allow others to:

• Copy, modify, adapt, translate, or create derivative works of the Service
• Distribute, sell, resell, sublicense, rent, lease, or transfer the Service
• Reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, or model weights
• Use the Service to develop, train, or improve any competing AI model or product
• Remove, alter, or obscure any proprietary rights notices
• Circumvent, disable, or interfere with any security, licensing, or access control measures
• Inject adversarial prompts or attempt to override AI behavior through untrusted inputs
• Use automated tools, scripts, or bots to abuse or overload the Service
• Misrepresent AI Output as human-generated in contexts where it could cause harm

4.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and promptly notifying us at info@mykent.app of any unauthorized access.

5. Your Content and Representations

5.1 Your Representations

By submitting Your Content to the Service, you represent and warrant that you own it or have obtained all necessary rights, licenses, and permissions.

5.2 No Sensitive Data

You agree not to submit protected health information (HIPAA), financial account numbers, government-issued identification numbers, biometric data, or other sensitive personal information regulated under applicable law, unless you have implemented appropriate safeguards.

5.3 Ownership

You retain all right, title, and interest in Your Content. We assign to you all of our right, title, and interest, if any, in AI Output generated in response to Your Content. We do not claim ownership of Your Content or AI Output.

5.4 License to Operate

You grant us a limited, non-exclusive license to access, process, transmit, and use Your Content solely as necessary to provide the Service. This license does not authorize us to use Your Content to train AI models, sell it to third parties, or use it for any purpose other than operating the Service for you.

6. Local Brain and Cloud Sync

By default, Your Content is processed and stored locally on your device in the encrypted Brain database. We do not have access to the contents of your local Brain unless you enable cloud synchronization. If you enable cloud sync, certain data is transmitted to and stored on our cloud infrastructure as described in our Privacy Policy. We do not guarantee the preservation of Your Content. You are responsible for maintaining your own backups.

7. Connected Services

Kent enables you to connect and interact with Connected Services of all kinds -- email, cloud storage, productivity tools, calendar, databases, CRMs, communication platforms, and any other service you authorize. By connecting a Connected Service, you represent that you are authorized to access that service and grant Kent access to data within it. Each Connected Service is independently operated and governed by its own terms and privacy policies. The availability of connectivity does not constitute our endorsement.

8. Third-Party AI Providers

When you use cloud AI Providers, your queries and content are sent directly from Kent to the AI Provider. This data does not pass through our servers. When you enable Private Mode using local models via Ollama, all AI processing occurs entirely on your local device. We make no representations or warranties regarding the performance, availability, accuracy, or data handling practices of any AI Provider.

9. Screen Capture

Kent's visual intelligence feature captures screenshots only when you explicitly invoke it. Screen captures are processed locally or via your AI Provider; they are never transmitted to our servers. You are solely responsible for ensuring captures comply with applicable laws and do not capture third-party confidential information without authorization.

10. Audio Capture and Recording

Before recording any conversation or meeting, you are solely responsible for obtaining all legally required consents from ALL parties being recorded and for complying with all applicable recording, wiretapping, and eavesdropping laws. Recording consent laws vary significantly by jurisdiction. We expressly disclaim all liability arising from any recording made without required consent or in violation of applicable law.

11. Autonomous Agent Features

Kent's agent features can execute multi-step tasks, access Connected Services, perform web searches, generate and send content, and take other actions on your behalf without requiring approval of each individual step ("Agent Actions"). You acknowledge that autonomous AI systems can take unexpected actions. You agree to maintain appropriate human oversight and are solely responsible for ALL Agent Actions taken under your account, including actions taken on Connected Services, content generated or deleted, data transmitted, financial transactions, and compliance with third-party terms and applicable laws.

12. Professional Use and No Professional Advice

Nothing in the Service constitutes legal, financial, medical, accounting, tax, or any other licensed professional advice. If you are a licensed professional using Kent with client matters, you represent that you understand Kent does not replace your professional judgment, will independently verify all Output, remain solely responsible for compliance with professional rules, and will not submit client confidential information to any AI Provider without appropriate consent. The Service is not designed for high-risk applications where AI errors could result in death, personal injury, severe property damage, or serious harm.

13. Subscription and Billing

Subscriptions are billed on a recurring basis through Stripe. You may cancel at any time through account settings; cancellation takes effect at the end of the current billing period. All fees are non-refundable except as required by applicable law or for EU consumers exercising the right to withdraw within 14 days. You are responsible for all applicable taxes. Promotional credits are non-transferable, non-refundable, and may be revoked if obtained fraudulently.

14. Intellectual Property

The Service -- including its software, source code, algorithms, design, UI, trademarks, and documentation -- is owned by or licensed to us. If you provide Feedback, you grant us a perpetual, worldwide, royalty-free license to use it. You acknowledge that AI Providers may generate similar Output for different users, ownership of AI Output is an evolving area of law, and you assume all risk associated with your use or distribution of Output.

15. DMCA Compliance

We respect intellectual property rights and comply with the DMCA. If you believe your copyrighted work has been infringed, please send written notice to info@mykent.app with identification of the work, the allegedly infringing material, your contact information, a good-faith belief statement, a statement under penalty of perjury, and your signature. We maintain a policy of terminating accounts of repeat infringers.

16. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL OUTPUT AND BETA SERVICES, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Our Providers are intended third-party beneficiaries of this disclaimer. Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, our disclaimers apply to the maximum extent permitted.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION.

Our total cumulative liability for all claims will not exceed the greater of: (a) the total fees paid by you in the twelve months preceding the event; or (b) one hundred dollars ($100). Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

18. Indemnification

You agree to defend, indemnify, and hold harmless Kent and its affiliates from any claims arising out of: your violation of these Terms; Your Content; your use of screen capture or audio recording features; Agent Actions taken under your account; your violation of any law or third-party rights; your use of AI Output; your use of the Service in connection with professional client matters; and disputes with Connected Services or AI Providers.

19. Termination

You may terminate your account at any time through account settings or by contacting info@mykent.app. We may suspend or terminate your access immediately if you violate these Terms, we suspect fraud, or as required by law. For termination without cause, paid subscribers receive at least 30 days' notice and a pro-rata refund. Upon termination, your local data remains on your device.

20. Dispute Resolution

20.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to contact us at info@mykent.app and attempt to resolve the dispute informally for at least 30 days.

20.2 Binding Arbitration

If the parties cannot resolve the dispute informally, all disputes will be resolved through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, conducted in English in Wilmington, Delaware (or via video conference).

20.3 Class Action and Jury Waiver

YOU AND KENT EACH WAIVE THE RIGHT TO: (A) A JURY TRIAL; AND (B) PARTICIPATE IN OR BRING ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

20.4 Exceptions

Either party may bring an individual action in small claims court or seek injunctive relief to prevent IP infringement.

20.5 EU and UK Consumers

If you are a consumer in the EU or UK, this arbitration provision does not deprive you of the right to bring claims before the courts of your member state of residence or to use the European Commission's Online Dispute Resolution platform at ec.europa.eu/odr.

20.6 Time Limitation

Any claim must be filed within ONE (1) YEAR after it accrues, or it is permanently barred.

21. General Provisions

Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Kent regarding the Service.

Amendments. We may modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email or in-app notification.

Severability. If any provision is found invalid, the remaining provisions continue in full force.

No Waiver. Our failure to enforce any right will not constitute a waiver.

Assignment. You may not assign your rights without our written consent. We may freely assign ours.

Force Majeure. We will not be liable for failures due to circumstances beyond our reasonable control.

Export Compliance. You agree to comply with all applicable U.S. export control laws and regulations.

Mandatory Consumer Rights. Nothing in these Terms affects any non-waivable rights you have under the mandatory consumer protection laws of your jurisdiction.

Contact. info@mykent.app | mykent.app