Terms & Conditions

The short version

You bring a brief. The room does the work. You review it, and it ships. These Terms are the agreement behind that.

Here's the plain version, and then the exact terms below. If the two ever seem to disagree, the exact terms are what's binding, but we've written them to say the same thing.

• The work you get is AI-assisted. Kaldune uses AI to do the work in your room. That means it's fast and it's real, but it can also be wrong. Check it before you use it or send it on. We can't guarantee any output is accurate, original, or free of someone else's rights.
• Your work is yours. What you put into a brief stays yours. To the extent the law lets us, whatever the room produces for you is yours to own and use. You can download every file the room makes for you the moment it exists, even for a brief that isn't finished, and even if your balance runs out mid-brief. Running out of funds pauses new work; it never locks up work you've already got. One honest caveat: the law hasn't fully settled who owns purely AI-generated material, so we tell you that plainly rather than promise something we can't.
• We don't read your work, and we don't train on it. Not in the normal course, and not to improve any AI model. We don't use your information, your briefs, or anything you put into the room to train or improve our models, and neither does the AI provider that powers the room. Support can open your work only when you ask us to, only for what you asked, and every time is logged. The full story is in our Privacy Policy.
• Agreeing is one click. When you create your account, the sign-up screen tells you plainly: by using Kaldune, you agree to the Terms and the Privacy Policy, both linked right there. Creating the account, or using the studio, is how you accept them. That's the whole of it.
• Use it for real work, not for harm. There's a short list of things the studio won't do: see the Usage Policy. It follows the rules of the AI provider that powers the room, and adds our own on top.
• The studio is built on other people's tools, and that's fine. Behind the scenes, Kaldune runs on a handful of outside providers: the AI that does the work, the services that store your files and keep the studio running. We don't list them here, and we may swap one out for a better one whenever we like, without telling you. The one thing a swap never changes: our promises about your work. Whoever's behind the curtain, we still don't read it, we don't train on it, and we don't sell it, and those promises bind our providers too. Business customers who send us other people's personal data get more detail and 30 days' notice of any change, that's in the DPA.
• When something outside our control breaks, that's the limit of what we can answer for. Because we lean on those outside providers, sometimes their outage or their mistake becomes our hiccup. We stand behind the things we control, the choices we make and how we run the studio, but where a provider fails or changes something out from under us, our responsibility only goes as far as what was ours to control. If you're a consumer, this doesn't take away rights the law gives you.
• Money is straightforward, and there's nothing to subscribe to. Kaldune is pay-as-you-go. You add money to a balance ($25, $50, $75, $100, or an amount you choose) and the studio draws from it as it does your work. There are no subscriptions, no plans, no tiers, and nothing that renews or bills you automatically. A brief doesn't come with a price tag up front, because the cost depends on what the room does; if a brief needs more than you have on hand, we tell you, and you top up to keep going. Your card is handled by Stripe, our payment processor; we never see or store your card details. Refunds of money you haven't used are available by email, subject to the conditions in Section 7.
• Marketing is not a promise. Things we say to describe Kaldune ("a studio that works while you watch," "finished work, not homework") are how we talk about the product, not legal guarantees. The guarantees are only the ones written into these Terms.
• Kaldune is open to the world. You can use Kaldune from almost anywhere. We run it from the United States as Studio58, Inc., under Delaware law, but if the laws where you live give you extra rights (in Europe, the UK, California, and elsewhere), you keep those rights; our home-country rules don't take them away. The details are in Section 14 and the Privacy Policy.
• If someone's copyright is being misused, tell us. We take copyright seriously. If you own a work and believe something on Kaldune infringes it, there's a way to send us a formal notice and a way to answer one if you're on the other side of it, see Section 18. Found a security hole? Tell us at security@kaldune.ai, and if you're a good-faith researcher, we won't come after you for looking (Section 19).

Last updated: 17 July 2026.

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Exact terms

These Terms & Conditions ("Terms") are an agreement between you and Studio58, Inc. ("Kaldune," "we," "us," or "our"), the company that operates the Kaldune service (the "Service" or "the studio"). By creating an account, accessing, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" means that organization.

These Terms incorporate by reference our Usage Policy, our Privacy Policy, and, for business customers who process personal data through the Service, our Data Processing Addendum ("DPA"). Where a conflict exists, the DPA governs the processing of personal data, and these Terms govern everything else.

1. Acceptance and eligibility

1.1. Agreement, and the sign-up consent. You accept these Terms when you create an account or use the Service. If you do not agree, do not use the Service.

At sign-up we present a consent statement to the effect that "By using Kaldune, you agree to the Terms & Conditions and the Privacy Policy," with both documents hyperlinked and reasonably conspicuous at the point of account creation. By clicking to create your account, or by accessing or using the Service, you agree to be bound by these Terms and you acknowledge the Privacy Policy, and both are incorporated into this agreement by reference, they apply to you as fully as if set out here in full. Presenting these documents by hyperlink at sign-up gives you the opportunity to review them before you agree; you are responsible for reading them, and your assent is not conditioned on whether you in fact open the links. If you do not agree to these Terms or do not accept the data practices described in the Privacy Policy, do not create an account and do not use the Service.

1.1a. What the Privacy Policy governs, and how it fits with these Terms. The Privacy Policy describes how Studio58, Inc. collects, uses, retains, and protects personal data in connection with the Service, including the commitments that we do not read your work in the normal course and that we do not use your information, your briefs, or your Customer Content to train or improve any AI model (nor does the AI provider train on it). Those commitments are set out in the Privacy Policy and are consistent with, and reinforced by, Sections 4.3, 5, and 6 of these Terms; nothing in these Terms grants us any right to read, sell, share, or train on your Customer Content beyond what the Privacy Policy permits. Where these Terms and the Privacy Policy address the same subject, they are drafted to say the same thing; if a genuine conflict ever arises as to the processing of personal data, the Privacy Policy (and, for business customers, the DPA) governs that processing.

1.2. Minimum age. You must be at least 18 years old to create an account or use the Service. The Service is not directed to children, and we do not knowingly permit anyone under 18 to use it or knowingly collect personal information from anyone under 13. If we learn that we have collected personal information from a child under 13, we will delete it. If you are a parent or guardian and believe a child has used the Service, contact us at privacy@kaldune.ai.

1.3. Consumers and businesses. These Terms hold for both individual (consumer) customers and business (organization) customers. Where a section applies only to one, it says so. Business customers who process personal data through the Service are additionally governed by the DPA.

1.4. Authority. If you use an email address belonging to an employer or organization, we may associate your account with that organization, and its administrator may be able to control the account and access the work in it. We will give you notice before doing so unless the organization has already informed you.

2. Acceptable use

2.1. The Usage Policy governs what the studio will and won't do. Your use of the Service must comply with our Usage Policy, which is incorporated into these Terms. The Usage Policy is structured to be at least as restrictive as, and to incorporate, the usage policy of the AI provider that powers the Service. A use that the AI provider prohibits is prohibited on Kaldune, whether or not it is separately listed.

2.2. Your responsibility for inputs and use. You are responsible for everything you submit to the Service (your "Inputs"), for directing the work, and for how you use what the Service produces (the "Outputs"; Inputs and Outputs together, "Customer Content"). You represent and warrant that you have all rights, licenses, and permissions necessary for us and the AI provider to process your Inputs and produce Outputs, and that your Inputs and your use of Outputs do not and will not violate any law, any third party's rights, the Usage Policy, or these Terms.

2.3. Account security. You are responsible for activity under your account. Keep your credentials confidential and notify us promptly at support@kaldune.ai if you believe your account has been compromised.

2.4. Suspension for violations. We may throttle, suspend, or terminate access if we reasonably believe you have violated the Usage Policy or these Terms, if required by law, or if the AI provider suspends or restricts the capability that powers the Service. Where practical we will give notice; where a delay would create risk (abuse, legal exposure, security), we may act first and notify after.

3. Customer content and intellectual property

3.1. Your Inputs stay yours. As between you and us, you retain all right, title, and interest in your Inputs. We claim no ownership of them.

3.2. You own your Outputs, to the extent the law allows. Subject to your compliance with these Terms, we assign to you all right, title, and interest, if any, that we hold in the Outputs the Service produces for you. You may use them for any lawful purpose.

Why the work is yours, unconditionally. Kaldune is prepaid: you fund your balance up front, and the Service performs work by drawing against the money you have already paid (Section 7). Because the work the Service produces for you is produced with funds you have already provided, the Outputs are yours as soon as they exist, and your ownership of them is not contingent on the payment or completion status of any individual brief. You do not owe us anything further to own what the room has made for you: the cost was drawn from your prepaid balance as the work was done, so there is no post-payment condition on your ownership, and, as Section 3.7 states, no funding shortfall on a later part of a brief can withdraw, gate, or claw back your ownership of work already produced.

3.3. The honest limit on AI-output ownership. You should know that the law governing ownership and copyright of material generated by artificial intelligence is unsettled and still developing in the United States and elsewhere. In particular, purely AI-generated material may have thin copyright protection or none at all, regardless of what this section assigns to you. We assign to you whatever rights we have; we cannot grant rights that the law does not recognize in the first place, and we do not warrant that any Output is protectable by copyright or that you hold enforceable exclusive rights in it. This is a disclosure, not a defect: it is true of AI-assisted work generally, and we state it plainly rather than imply a certainty that does not exist.

3.4. Our property. The Service itself, the software, the interface, the studio system, the Kaldune name and marks, is owned by Studio58, Inc. and its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service, and nothing more. You get no rights in our marks except as we permit in writing.

3.5. Feedback. If you send us suggestions or feedback, we may use them without obligation to you.

3.6. Showing your work. We will not publish, display, or use your Customer Content or your name, logo, or marks in any showcase, case study, marketing, or public material without your consent, obtained through our consent process before any such use. Consent is specific to what you agreed to show and may be withdrawn for future use.

3.7. You can download your work, including work in progress, and even if your balance runs out. Any file the Service produces for you is yours to download from the moment it exists. This right does not depend on a brief being finished or on your balance covering the rest of the work: if a brief is still in progress, or if your balance ran out mid-brief, you may still access and download every file the Service has already produced for you. Running out of funds pauses further work (Section 7.3); it does not lock, withhold, or gate access to work already produced. We do not hold your produced work hostage to payment. (This right is subject only to suspension or termination for your material breach or as law requires, and to reasonable, non-discriminatory limits needed to operate the Service securely.)

3.8. Your work persists, and you can come back to it. As long as your account is active, the work in your room is retained so you can return to it (Section 6.4). Consistent with that retention, you can resume a brief and iterate on or re-run a finished brief; further work draws down your balance in the ordinary way (Section 7.3). This describes how the Service is intended to work and the ownership, non-sale, non-reading, and downloadability commitments in Sections 3.2, 3.6, 3.7, and 5 are binding; the continuity of any particular feature is not itself a warranty (see Sections 8.3 and 9.4), and we may change how the Service works as described in Section 8.

4. The AI that powers the room; third-party terms

4.1. AI-assisted output. The work in your room is produced with the assistance of AI, including large language models provided by a third-party AI provider (currently Anthropic, PBC, whose models power the Service). This is fundamental to how Kaldune works.

4.2. Flow-down of the provider's terms. Your use of the Service is subject to the AI provider's applicable terms and usage policy, which we pass through to you. In particular: (a) you must not use the Service in any way the AI provider's usage policy prohibits; (b) you must not use the Service, or Outputs, to develop or train a competing AI model, or to reverse-engineer or resell the underlying models; and (c) certain high-risk uses the provider designates (for example, uses bearing on legal, medical, financial, employment, or other decisions vital to a person's rights or safety) require appropriate human review and, where the provider requires it, disclosure to affected people that AI was involved.

4.3. What we have verified. Kaldune accesses the AI provider through its commercial (API) offering. Under the AI provider's commercial terms, as published on the provider's own site and read on 17 July 2026, the provider does not train its models on the content you submit or the content it generates through that offering, and it assigns to the commercial customer its rights in the outputs. We rely on that commercial posture to make the "we don't train on your work" promise in these Terms and in our Privacy Policy. So that this promise holds, we operate the Service on the provider's commercial API only (not any consumer product), and we do not forward your work to the provider as "feedback", because voluntarily submitted feedback is the one case in which the provider may use content to train. If the provider changes that posture, we will update these Terms and our Privacy Policy and give you notice as described in Section 15.

4.4. No accuracy guarantee from the provider. The AI provider provides its models "as is" and disclaims warranties of accuracy, non-infringement, and fitness for a particular purpose. We cannot and do not give you any stronger guarantee about the Outputs than the provider gives us. See Sections 9 and 10.

4.5. How the Service is provided, the providers behind it. Kaldune is built on the work of third-party providers, including the AI provider named above, and other service providers we use through their interfaces (APIs) to store your work, run the studio, send you account messages, process payments, and keep the Service secure and reliable. These providers are what make the experience possible. Because they are our operational choices and not part of what you interact with, we do not name each of them to you in these Terms, and we are under no obligation to do so. The identities of these providers are not exposed to you in the ordinary use of the Service.

4.6. We may change our providers. We reserve the right to add, remove, replace, or change the third-party providers behind the Service at any time, without notice to you, as we improve the Service, respond to a provider's own changes, or select a better or more reliable option. Doing so does not change these Terms or your rights under them.

4.7. Changing a provider never weakens our promises to you, this is the point that governs. Our commitments about your data bind us and flow down to the providers we use. In particular, and regardless of which providers we use or when we change them:

1. we do not read your work in the normal course (Section 5.2);
2. we do not use your Inputs, your briefs, or any Customer Content to train or improve any AI model, and neither does the AI provider (Sections 1.1a, 4.3, and the Privacy Policy); and
3. we do not sell your personal data and do not share your Customer Content except as the Privacy Policy and, for business customers, the DPA permit.

Every provider that handles Customer Content is bound by contract to use it only to provide its service to us and for nothing else, on data-protection terms at least as protective as ours. Swapping one provider for another does not release us from any of the commitments in (a), (b), or (c), and does not give us, or any provider, any right in your Customer Content that these Terms and the Privacy Policy do not already grant. Our right to change providers under Section 4.6 is a right to change who provides the underlying capability; it is never a right to change what we promise about your data. If a change of provider ever required a change to those data commitments, we would treat it as a change to these Terms and the Privacy Policy and give you notice under Section 15, we would not make that change silently under Section 4.6.

4.8. Business customers, the DPA is more specific, and it controls for you. Sections 4.5 and 4.6 describe the consumer-facing position: we do not list our providers here and may change them without notice. If you are a business customer who processes personal data of others through the Service, the DPA applies to you in addition, and it is deliberately more specific: it maintains a named list of the sub-processors that handle personal data, and it commits us to give you at least 30 days' advance notice, and a right to object, before a new sub-processor begins processing personal data (DPA Section 4.2 and Section 6.3 of these Terms). There is no conflict between the two: the general Terms do not oblige us to name providers to every user, while the DPA does oblige us to name and give change-notice of personal-data sub-processors to business customers who are covered by it. Where you are covered by the DPA, the DPA's more specific sub-processor obligations govern your relationship with us and are not overridden by Sections 4.5 or 4.6.

5. Confidentiality

5.1. Your Customer Content is confidential to you. We treat your Customer Content as your confidential information. We use it only to provide and operate the Service for you, as described in these Terms and the Privacy Policy, and we do not disclose it except as those documents permit or the law requires.

5.2. We don't read it in the normal course. In the ordinary operation of the Service, we do not read your Customer Content. Support personnel can access it only when you ask us to, only for the purpose you asked, and every such access is logged. This is written identically in our Privacy Policy and our support materials so the promise cannot drift.

5.3. Government and law-enforcement requests, the narrow, disciplined exception. Our promise that we do not read your work (Section 5.2) has one narrow exception: a valid, compelled legal demand. We handle those requests deliberately, and this is our posture:

1. Valid legal process only. We disclose Customer Content or account information to a government or law-enforcement authority only where we are compelled by valid legal process, for example, a validly issued subpoena, court order, or warrant, or where an applicable law otherwise requires it.
2. We push back on overbroad demands. We evaluate each request for legal validity and scope, and we challenge or reject requests that are overly broad, vague, or legally deficient.
3. We disclose only what is compelled. We produce only the specific data the legal process actually requires, and nothing more.
4. We give you notice where we can. Where we are legally permitted to, we will notify you before we disclose your data, so you have the opportunity to seek to protect it (for example, by moving to quash or limit the demand). We may be unable to give notice where the law prohibits it, or in a genuine emergency involving a risk of imminent physical harm or death, or where a child is at risk of harm.
5. Business customers first. Where a request seeks data belonging to a business customer (for example, personal data the business submitted as Controller under the DPA), we will, where lawful and practicable, direct the requester to the business customer and give that customer the opportunity to respond, rather than disclosing on the customer's behalf.
6. A compelled disclosure is not a hole in the promise. Producing narrowly what the law compels is the exception, not permission for us to read, use, share, sell, or train on your Customer Content, none of which this Section authorizes. Our commitments in Sections 1.1a, 4.7, 5.1, 5.2, and 6 are unchanged by it. This posture is written to match how the AI provider that powers the room handles the same demands, so the promise holds all the way down the chain. This Section is the binding statement of that posture; the Privacy Policy states the same posture in its own words, and the two are drafted to say the same thing.

6. Data protection, the DPA, and sub-processors

6.1. Roles. For personal data that we determine the purposes and means of processing (for example, your account and billing data), Studio58, Inc. is the controller. For personal data contained in the Customer Content that a business customer submits and controls, Studio58, Inc. acts as a processor on that customer's behalf, and the DPA governs that processing.

6.2. The DPA for business customers. If you are a business customer and you submit personal data of others (for example, your own customers or staff) through the Service, our DPA applies and is incorporated into these Terms. It sets out the processing terms, the security measures, breach notification, assistance with data-subject requests, the transfer mechanism, and return or deletion of data on termination.

6.3. Sub-processors, including the AI provider. We use a defined list of sub-processors to run the Service, including the AI provider that powers the room. The current list, with each sub-processor's purpose and location, is maintained in our Privacy Policy and the DPA and is kept consistent between them. Before a new sub-processor begins processing personal data, we give business customers at least 30 days' advance notice and a right to object, as set out in the DPA.

6.4. Retention and deletion. We keep your work while your account is active so you can return to it. When you delete a brief or piece of work, it leaves your workspace immediately and our active systems within 30 days. When you delete your account, your account and associated work leave our active systems within 30 days. Copies in encrypted backups cycle out on a fixed rotation no later than 90 days after they leave active systems, after which they are overwritten and unrecoverable. The AI provider deletes what it processed within 30 days and does not train on it. These are the numbers in our Privacy Policy and, for business customers, the DPA; they are drawn from a single source and kept identical across all three documents. (The 90-day backup figure is a protective maximum pending confirmation of the true rotation period; we will publish the real number and never a flattering one.)

7. Fees, top-ups, balance, coupons, and refunds

How paying for Kaldune works, in one line: you add money to a prepaid balance, and we deduct from that balance as we do your work. There is nothing to subscribe to, no plan, no tier, and nothing that renews or bills you automatically. This Section 7 is the exact version of that.

7.1. No subscriptions, no automatic charges. Kaldune is offered on a pay-as-you-go basis only. There is no subscription, no recurring plan, no free tier, no paid tier, no "premium" or "upgrade," and nothing that renews or charges your payment method automatically. We will never charge your payment method except for a top-up you choose to make at the time you make it. You are never enrolled in a recurring charge of any kind.

7.2. Top-ups and your prepaid balance. To use the Service, you add funds to a prepaid balance held in your account by Studio58, Inc. You may top up in the fixed amounts of $25, $50, $75, or $100, or in a custom amount we make available. Each top-up is a one-time charge that you authorize at the moment you make it. The amount you top up (net of any applicable taxes) is added to your available balance.

7.3. How we charge against your balance. The Service performs work in your room and deducts the cost of that work from your available prepaid balance as the work is done. A brief is not quoted a fixed price before it begins. The cost of a brief depends on its complexity and on what the room actually does, so we do not and cannot promise a fixed per-brief price in advance. As work proceeds, the cost is drawn down from your balance. If a brief needs more than your available balance, the Service will alert you before continuing; you may add funds to continue, or stop. You are only ever charged for a top-up you choose to make; you are never billed after the fact for a shortfall.

7.4. Your balance does not expire. Funds you have added to your balance and not yet used do not expire. Unused balance remains available to you and carries forward to future briefs for as long as your account is open, subject only to the refund and termination provisions below and to any requirement of law. This is a commitment, not a courtesy: we will not sweep, forfeit, or time-out unused balance.

7.5. Payment processing (Stripe). Card payments are processed by Stripe, Inc. ("Stripe"), our third-party payment processor. Stripe collects and processes your card details directly; Studio58, Inc. does not receive, handle, or store your full card details. Your payments are also subject to Stripe's own terms and privacy policy. Stripe is listed as a payment sub-processor in our Privacy Policy and, for business customers, our DPA.

7.6. Coupons and promotional credit. From time to time we may issue coupon or discount codes that grant promotional balance (for example, a code worth a stated dollar amount of credit) to your account. Coupons are subject to these conditions:

1. A coupon adds promotional balance to your account. Once redeemed, redeemed balance is treated like any other balance for use, except as stated in (d) below.
2. A coupon code may carry its own conditions and expiry, for example, a date by which it must be redeemed, a one-per-account limit, or eligibility conditions. Those conditions are stated with the code. The code's expiry is separate from, and does not override, the rule in Section 7.4 that redeemed balance does not expire.
3. Coupons are non-transferable, have no cash value, and may not be sold, combined except as we permit, or redeemed for cash.
4. Promotional balance is not refundable. The refund right in Section 7.7 applies only to balance you funded by your own top-up payment, not to promotional balance granted by a coupon.
5. We may void or revoke a coupon or the promotional balance it granted if we reasonably determine it was obtained or used through fraud, abuse, error, or in violation of its stated conditions or these Terms.

7.7. Refunds of unused balance. You may request a refund of your unused prepaid balance by emailing us at support@kaldune.ai. The following conditions apply:

1. Unused balance only. We refund only funds remaining in your balance that you added by your own top-up payment and have not yet used. Value that has already been used or consumed by work the Service performed is non-refundable. We do not refund, credit back, or reverse the cost of work already done.
2. Waiting window. A refund of unused balance may be requested beginning 12 months after your most recent top-up. This window exists to keep the balance a way to pay for work, not a stored-value or cash-out instrument; it is not a device to withhold your money, and it does not apply to the return of prepaid, unused balance on our termination of your account under Section 7.7(d).
3. Promotional balance excluded. Promotional balance from coupons is not refundable (Section 7.6(d)). A refund is calculated on your own funded, unused balance only.
4. On our termination without your breach. If we terminate or discontinue the Service or your account for a reason other than your breach of these Terms, we will refund your unused, funded balance promptly, without applying the waiting window in (b).
5. Consumer rights preserved. Where a consumer-protection or other law in your jurisdiction gives you a right to a refund or a right to cancel (for example, a statutory cooling-off period), that right applies and nothing in this Section limits it.

7.8. Chargebacks. If you dispute a charge with your bank or card issuer without first contacting us at support@kaldune.ai to resolve it, and the dispute is not the result of our error, we may suspend your account and freeze the associated balance pending resolution. Initiating a chargeback for a top-up whose value you have already used, or otherwise abusing chargebacks, refunds, or coupons, is a violation of these Terms.

7.9. Taxes. Amounts you pay are exclusive of taxes unless stated otherwise. You are responsible for any sales, use, VAT, GST, or similar taxes owed on your top-ups or use of the Service, other than taxes on our net income; where we are required to collect such taxes, they will be added to your top-up at the time of payment.

7.10. Unclaimed balance / unclaimed-property laws. Your unused balance is your property, and we do not take it (see Section 7.4, we do not sweep or forfeit it). Unclaimed-property ("escheat") laws in some jurisdictions, including Delaware, may require a holder of a long-dormant balance to report and transfer it to the state after a statutory dormancy period, so that the state holds it for you to claim. Any activity in your account, using your balance, topping up, or otherwise indicating your interest, keeps your balance active. If your balance ever becomes reportable as unclaimed property under a law that applies to us, we will handle it as that law requires (including giving you any notice the law requires before it is transferred), and you may then claim it from the relevant state authority. Nothing in these Terms causes your unused balance to become ours; any term to that effect would be void, and we make no such term.

8. Availability

8.1. We aim for a reliable service, but we don't promise perfect uptime. The Service is provided on an "as available" basis. We do not commit to a specific uptime or service-level guarantee unless we have agreed to one in a separate written order or agreement with you.

8.2. Interruptions and dependencies on our providers. The Service is built on the third-party providers described in Sections 4.5–4.7, and its operation depends on them. The Service may be unavailable, delayed, degraded, or affected during maintenance, because of events outside our reasonable control, or because a provider the Service depends on is unavailable, suffers an outage, makes an error, changes or restricts its service, changes its terms or pricing, or ceases to offer the capability the Service relies on. Where the cause of an interruption, failure, or defect in the Service is the act, omission, error, change, or outage of a third-party provider, rather than a matter within our reasonable control, that is a matter outside our reasonable control, and our responsibility for it is limited accordingly (Sections 10.1, 10.5, and 17.5). We remain responsible for our own choices, which providers we rely on and how we operate the Service, as those matters are within our reasonable control; but we do not warrant that our providers will perform without interruption or error, and we cannot give you a stronger commitment about a provider's performance than the provider gives us (Section 4.4). Section 4.2 also applies.

8.3. Changes to the Service. The Service is new and will change. We may add, modify, or remove features, and we may change the AI models that power it. We will strive to give reasonable notice of a material reduction in functionality, but where urgency requires (security, abuse, legal, or a provider change) we may act first.

8.4. Beta, experimental, and preview features. From time to time we may make features available that we label "beta," "experimental," "preview," "early access," or with similar wording. Those features are offered so you can try new capability early, and they come with different expectations. To the maximum extent permitted by law, any such feature is provided "as is," without warranty of any kind, and may be changed, limited, or withdrawn at any time, including permanently, with or without notice. A beta or experimental feature may be less reliable than the rest of the Service, and we make no commitment that it will become generally available or continue to exist. Changing, limiting, or withdrawing a beta, experimental, or preview feature is not a breach of these Terms, and Sections 9 (warranties and disclaimers) and 10 (limitation of liability) apply to it in full. Nothing in this Section 8.4 reduces the data commitments in Sections 1.1a, 4.7, 5, and 6, which apply to beta and experimental features exactly as they apply to the rest of the Service.

9. Warranties and disclaimers

9.1. Our limited warranty. We warrant only that we have the authority to enter into these Terms. We make no other warranty.

9.2. AI output is not warranted. To the maximum extent permitted by law, the Service and all Outputs are provided "as is" and "as available," without warranty of any kind. We do not warrant that any Output is accurate, complete, current, reliable, original, or free of third-party rights, or that its use will be uninterrupted or error-free. We do not and cannot guarantee that Outputs are non-infringing, because AI-generated material can unintentionally resemble existing work and the law of AI authorship is unsettled (see Section 3.3). You must evaluate and, where appropriate, have a qualified person review each Output before you rely on it, use it, or send it on.

9.3. No professional advice. The Service and its Outputs do not constitute legal, medical, financial, tax, or other professional advice, and no professional relationship is created by your use of the Service. Do not rely on an Output for a decision that requires professional judgment without consulting a qualified professional.

9.4. Marketing statements are not warranties. Statements we make to describe or promote the Service, including phrases such as "finished work, not homework," "nothing ships without your word," "a studio that works while you watch," and any similar language in marketing, the website, help content, or onboarding, are descriptions of how we intend the product to feel and function. They are expressly not representations or warranties and create no contractual obligation. The only warranties we make are the ones stated in this Section 9. To the extent any such statement could be read as a warranty, we disclaim it.

9.5. Implied warranties. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or trade usage. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of these exclusions may not apply to you, and you may have rights that vary by jurisdiction, in particular, nothing here excludes or limits a warranty or right that consumer-protection law makes non-excludable.

10. Limitation of liability

10.1. No indirect damages. To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, revenue, goodwill, data, or business, arising out of or relating to these Terms or the Service, even if advised of the possibility and even if a remedy fails of its essential purpose.

10.2. Cap. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid us for the Service in the twelve (12) months before the event giving rise to the liability, and (b) one hundred U.S. dollars ($100). This cap sits alongside the AI provider's own liability cap to us, which we cannot exceed in what we can recover to cover your claim.

10.3. Consumer carve-out and non-excludable liability. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any liability that consumer-protection law makes non-excludable. If you are a consumer, you may have statutory rights that these limitations do not affect, and this Section applies only to the extent the law permits.

10.4. Basis of the bargain. The disclaimers in Section 9 and the limits in this Section 10 are a fundamental basis of the agreement between us, and the price of the Service reflects them.

10.5. Matters within our reasonable control; third-party providers. Our commitments and our liability under these Terms extend to matters within our reasonable control, including our own choices about which providers to rely on and how we operate the Service. To the maximum extent permitted by law, we are not liable for any failure, interruption, delay, degradation, error, or defect of the Service to the extent it is caused by a third-party provider the Service depends on (as described in Sections 4.5–4.7 and 8.2), for example, where a provider suffers an outage, makes an error, changes or restricts its service, changes its terms, or stops offering a capability the Service relies on, or by any other event outside our reasonable control (Section 17.5). In such a case our liability does not extend to consequences flowing from the provider's act, omission, or change beyond what is within our reasonable control, and in no event beyond the cap in Section 10.2 or beyond what we are able to recover from the provider under the provider's own liability limits to us (Sections 4.4 and 10.2). This Section does not narrow the obligations we retain over matters we do control, including our data commitments in Sections 1.1a, 4.7, 5, and 6, which bind us and our providers and are not excused by this Section, and it does not exclude or limit any liability that the law does not permit us to exclude or limit, including the consumer and non-excludable carve-out in Section 10.3.

11. Indemnification

This Section allocates the risk of third-party claims deliberately. Read it with Sections 3.3 and 9.2 (why non-infringement cannot be guaranteed).

11.1. Your indemnity to us. You will defend, indemnify, and hold harmless Studio58, Inc. and its officers, employees, and agents from and against any third-party claim, and any resulting loss, damage, or reasonable legal cost, arising out of or relating to: (a) your Inputs or other content or data you provide; (b) your use of the Service or of any Output, including how you use, publish, or distribute an Output; (c) your violation of these Terms, the Usage Policy, or any law or third-party right; or (d) your fraud, willful misconduct, or gross negligence. This reflects that you control your Inputs and how you use the work, and that you, not we, decide to put an Output into the world.

11.2. Our defensive commitment (deliberately scoped, not a broad IP indemnity). We do not provide a blanket indemnity that your Outputs are non-infringing, we cannot, for the reasons in Sections 3.3 and 9.2, and any promise otherwise would be false. Instead, our commitment is limited and specific: if a third party brings a claim against you alleging that the Kaldune software or Service itself (as distinct from any Output) infringes that third party's U.S. intellectual-property right, we will defend that claim and indemnify you for amounts finally awarded or agreed in settlement, subject to the process and exclusions below and to the cap in Section 10.2. To the extent the AI provider extends its own IP-claim defense to Outputs generated through authorized paid use of its Services, we will pass through the benefit of that provider commitment to you to the extent we are permitted and able; we do not independently guarantee it.

11.3. Exclusions from our commitment. Our commitment in 11.2 does not apply to the extent a claim arises from: (a) your Inputs or data; (b) your modification of the Service or an Output; (c) combination of the Service or an Output with anything not provided by us; (d) your use in a way you knew or should have known infringes another's rights; (e) use of an Output in trade or commerce as to a trademark claim; or (f) your breach of these Terms or the Usage Policy.

11.4. Process. The party seeking indemnity must promptly notify the other, allow the indemnifying party to control the defense and settlement (without settling in a way that admits the indemnified party's fault or imposes an obligation on it without consent), and reasonably cooperate. Failure to give prompt notice reduces the obligation to the extent the defense is prejudiced.

11.5. Sole remedy. Indemnification under this Section is each party's sole and exclusive remedy for the third-party claims it covers.

12. Termination

12.1. By you. You may stop using the Service and close your account at any time through account settings or by contacting support@kaldune.ai. Because there is no subscription and nothing renews (Section 7.1), there is nothing to cancel to stop a future charge. If you close your account, you may request a refund of your unused, funded balance under Section 7.7.

12.2. By us. We may suspend or terminate your access if you materially breach these Terms or the Usage Policy, if required by law, if the AI provider withdraws or restricts the capability the Service depends on, or on reasonable notice for convenience. For material breach we will, where practical, give notice and an opportunity to cure. We may act immediately without prior notice where a delay would create risk of harm, abuse, or legal exposure.

12.3. Effect of termination. On termination, your right to use the Service ends. We will make your Customer Content available for export for a limited period, and then delete it, as described in the Privacy Policy and the DPA. The cost of work already done remains payable from the balance already drawn; refunds of unused, funded balance follow Section 7.7, including Section 7.7(d), under which we return unused, funded balance promptly and without the waiting window where we terminate for a reason other than your breach.

12.4. Survival. Sections 3 (IP and ownership), 5 (confidentiality), 9 (disclaimers), 10 (liability), 11 (indemnification), 13 (export/sanctions), 14 (governing law and disputes), 16 (notices), 18 (copyright complaints), 19 (security disclosure), and 20 (accessibility), and any provision that by its nature should survive, survive termination.

13. Export controls and sanctions

You may not use or access the Service, or allow anyone to use it on your behalf, in violation of U.S. or other applicable export-control or sanctions laws. You represent that you are not located in, and are not a national of or ordinarily resident in, a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list (including the Treasury Department's Specially Designated Nationals list or the Commerce Department's Denied Persons or Entity lists). You will not use the Service for any purpose prohibited by those laws. This restriction is passed through in part from the AI provider's own export and sanctions terms.

14. Governing law and dispute resolution

14.1. Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and, where applicable, by U.S. federal law. Consumer carve-out: if you are a consumer, this choice of law does not deprive you of the protection of the mandatory consumer-protection laws of the country or state where you reside, and those protections continue to apply to the extent the law of your home jurisdiction so requires.

14.2. Informal resolution first. Before starting a formal proceeding, you agree to contact us at legal@kaldune.ai and try in good faith to resolve the dispute informally for at least 45 days.

14.3. Venue. Subject to the consumer carve-out below, any dispute not resolved informally will be brought exclusively in the state or federal courts located in Delaware, and you and we consent to the personal jurisdiction of those courts.

14.4. Consumer carve-out on venue. If you are a consumer, nothing in this Section requires you to litigate outside your home jurisdiction where mandatory consumer law gives you the right to bring or defend a claim in your local courts; that right is preserved.

14.5. Class action and jury trial. Disputes proceed in the Delaware courts named above, with a waiver of jury trial to the extent that waiver is enforceable. We do not impose a pre-dispute class-action waiver on consumers.

14.6. Equitable relief. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information, without waiving any other provision of this Section.

14.7. A global audience, operated from the United States. Kaldune is offered to people around the world. Subject to the eligibility and legal restrictions in these Terms, in particular the minimum age (Section 1.2) and the export-control and sanctions limits (Section 13), the Service is available to users regardless of the country they are in. We operate the Service from the United States as Studio58, Inc., and we make it available on a single global set of terms governed by Delaware law (Section 14.1). We do not tailor the Service or these Terms to the law of every country from which it may be accessed, and by using it you accept that it is provided from and administered under U.S. and Delaware law.

This does not strip away rights your local law gives you. As Section 14.1 states, if you are a consumer, our choice of Delaware law does not deprive you of the protection of the mandatory consumer-protection laws of the country or state where you reside, and Section 14.4 preserves your right to your local courts where mandatory law gives you one. Where the data-protection law of your region gives you additional rights, for example, the EU/UK GDPR, the Swiss FADP, or the California CCPA/CPRA, those rights are honored as described in our Privacy Policy and, for business customers, the DPA, and nothing in these Terms overrides them. In short: one global service under U.S. law, with your local mandatory protections preserved on top. You are responsible for complying with the laws that apply to you in your own location when you use the Service.

15. Changes to these Terms

We may update these Terms. For material changes, we will give you notice (by email or in the Service) at least 30 days before they take effect, except that changes required by law or to address security or abuse may take effect sooner. Changes are not retroactive. If you keep using the Service after a change takes effect, you accept the updated Terms; if you do not agree, stop using the Service before the effective date. The "Last updated" date always reflects the current version.

16. Notices

16.1. To you. We may give notice by email to the address on your account, by posting in the Service, or on our website. Notice by these means is effective when sent or posted.

16.2. To us. Legal notices to us must be in writing to Studio58, Inc., Attn: Legal at legal@kaldune.ai or by mail to Studio58, Inc., c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, New Castle County, DE 19808.

17. General

17.1. Entire agreement. These Terms, together with the Usage Policy, Privacy Policy, and (for business customers) the DPA, are the entire agreement between you and us about the Service and supersede prior understandings.

17.2. Severability. If any provision is held unenforceable, the rest remains in effect, and the unenforceable provision is limited or replaced to reflect the parties' intent as closely as the law allows.

17.3. No waiver. Our failure to enforce a provision is not a waiver of it.

17.4. Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

17.5. Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.

17.6. Independent contractors. Nothing here creates a partnership, agency, or employment relationship between you and us.

18. Copyright complaints (DMCA notice and takedown)

Studio58, Inc. respects the intellectual-property rights of others and expects you to do the same (Usage Policy Section 2.6). We respond to clear notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, and we maintain the process below.

18.1. Reporting alleged infringement. If you are a copyright owner (or authorized to act for one) and you believe that Customer Content on the Service infringes your copyright, send a written notice to our designated agent at copyright@kaldune.ai. To be effective under 17 U.S.C. § 512(c)(3), your notice must include substantially the following:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the right allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed (or a representative list, if multiple works);
3. identification of the material claimed to be infringing, with enough detail to let us locate it (for example, the specific item or link);
4. your contact information (name, address, telephone number, and email);
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
6. a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or authorized to act on behalf of the owner of, the right allegedly infringed.

Please note that under 17 U.S.C. § 512(f), knowingly making a material misrepresentation in a notice, that material is infringing, or (below) that it was removed by mistake, can make you liable for damages, including costs and attorneys' fees.

18.2. What we do with a valid notice. On receiving a notice that substantially complies with 18.1, we will act expeditiously to remove or disable access to the material identified, and we will make a reasonable effort to notify the user who submitted that material. Because we do not read Customer Content in the normal course (Section 5.2), we act on the specific material a notice identifies; a notice is how a rights-holder brings allegedly infringing material to our attention.

18.3. Counter-notice. If your material was removed or disabled and you believe that was a mistake or a misidentification, you may send a counter-notice to copyright@kaldune.ai. To be effective under 17 U.S.C. § 512(g)(3), it must include substantially:

1. your physical or electronic signature;
2. identification of the material and the location from which it was removed or disabled;
3. a statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;
4. your name, address, and telephone number; and
5. a statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which your address is located (or, if outside the United States, the district in which we may be found), and that you will accept service of process from the person who submitted the original notice or their agent.

If we receive a valid counter-notice, we may restore the removed material in 10–14 business days unless the original complainant first notifies us that they have filed a court action seeking to restrain the allegedly infringing activity, consistent with 17 U.S.C. § 512(g).

18.4. Repeat-infringer policy. Consistent with 17 U.S.C. § 512(i), we have adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users who are repeat copyright infringers, and of taking account of standard technical measures. Repeat infringement is also a violation of the Usage Policy and the acceptable-use terms of these Terms (Section 2).

18.5. Other intellectual-property complaints. For alleged infringement of rights other than copyright (for example, trademark), or for privacy or publicity complaints, contact us at legal@kaldune.ai with the same level of detail so we can evaluate and respond.

19. Reporting a security vulnerability

19.1. How to report. If you discover a security vulnerability in the Service, please report it privately to us at security@kaldune.ai rather than disclosing it publicly. Give us enough detail to reproduce and assess the issue, and please allow us a reasonable period to investigate and remediate before any public disclosure.

19.2. Good-faith researcher safe harbor. We value the work of security researchers who help keep the Service and its users safe. If you conduct security research and disclosure in good faith and in accordance with this Section, you make a genuine effort to avoid privacy violations, degradation of the Service, and destruction, exfiltration, or misuse of data; you access only accounts and data that are your own or that you have explicit permission to test; you do not use, disclose, or retain data belonging to others; and you give us a reasonable opportunity to remediate before disclosure, then, to the extent your activity is within this Section, we will treat it as authorized, will not pursue or support legal action against you for it, and will consider it exempt from the prohibitions in the Usage Policy on accessing systems (Usage Policy Section 2.3). This safe harbor is limited to your own good-faith testing under this Section; it does not authorize accessing, using, or disclosing another person's Customer Content or personal data, and it does not waive the rights of any third party.

19.3. No bounty implied. This Section is a responsible-disclosure commitment, not an offer of a reward or bug-bounty payment; any such program, if we offer one, will be described separately.

20. Accessibility

20.1. Our commitment. We want Kaldune to be usable by as many people as possible, including people with disabilities. Studio58, Inc. works toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as a target standard, and we treat accessibility as part of building and improving the Service rather than an afterthought. Because the Service is new and changing (Section 8.3), some parts may not yet fully meet that standard; we work to close gaps as we find them.

20.2. Reporting a barrier. If you encounter an accessibility barrier, or you need a reasonable accommodation to use the Service, please tell us at accessibility@kaldune.ai. Describe the barrier and, if you can, the page or feature and the assistive technology you use, and we will make reasonable efforts to help and to address the issue.

20.3. Not a warranty. This Section states a commitment and a contact path. It is a good-faith undertaking, not a warranty of conformance, and the disclaimers in Section 9 apply; nothing in it excludes or limits any right or obligation that applicable accessibility or disability law makes non-excludable.