Terms of Service
You bring a brief. The studio does the work. You review it, and it ships. These Terms are the agreement behind that.
Studio58, Inc. · Last updated 30 October 2026 · Version 2.23
The short version
Here is the plain version, and then the exact terms below. If the two ever seem to disagree, the exact terms are what is binding, but we have written them to say the same thing.
- The work you get is AI-assisted. Kaldune uses AI to do the work in your brief. That means it is fast and it is real, but it can also be wrong. Check it before you use it or send it on. We cannot 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 studio produces for you is yours to own and use. You can download every file the moment it exists, even from a brief that is not finished, and your delivered work stays accessible to you. Running low on credits pauses new work; it never locks up work you already have.
- We do not read your work, and we do not train on it. Not in the normal course, and never to train or improve any AI model. Support can open your work only when you ask us to, and only for what you asked. Every read of our database and every change anyone at Kaldune makes to your stored data outside the service is logged. The full story is in our Privacy Policy.
- Agreeing is one click. Before you first open the studio, we ask you to press Agree and open the studio. Pressing it means you agree to these Terms and the Usage Policy, both linked right there, and confirm you are at least 18. Our Privacy Policy explains how we handle your data.
- Use it for real work, not for harm. There is a short list of things the studio will not do. It follows the rules of the AI providers that power the studio, and adds our own on top.
- The studio is Kaldune's own system, and it calls on other companies' services. Behind the scenes, the studio calls on outside providers: AI models for specific capabilities, and the services that store your files and keep the studio running. We may swap one out for a better one. The one thing a swap never changes: our promises about your work. Whoever is behind the curtain, we still do not read it, we do not train on it, and we do not sell it.
- Money is straightforward. You pay with credits in your wallet, and a subscription if you choose one. Credits you buy for yourself expire 12 months after the purchase they came from, except where the law where you live does not allow it. Gift credits never expire, claimed or not. Subscriptions cancel at the end of the billing period, and cancelling never claws anything back: your delivered work and your unused paid credits stay yours. Questions, disputes, and refund requests go to support@kaldune.ai and a person answers.
- Publishing is your choice, and reversible. The studio can put a piece of your work on the web as a public page, and it stays up until you take it down. Nothing you publish carries a "Make something like this" link; only a private link you share to a piece of your work, such as a film, a document or a PDF, carries a small one back to Kaldune (a private link to a site or app carries none). You can take a page down instantly, any time. Nothing is public unless you publish it (Section 3.9).
- Where Kaldune is offered. Kaldune is offered only in the countries and regions our AI partners support, and never where US sanctions apply (Section 13). We run it from the United States as Studio58, Inc., a Delaware corporation. If the laws where you live give you extra rights, you keep those rights; our home-state rules do not take them away.
- If someone's copyright is being misused, tell us. Send a notice to copyright@kaldune.ai (Section 18). Found a security hole? Tell us at security@kaldune.ai, and if you are a good-faith researcher, we will not come after you for looking (Section 19).
Exact terms
These Terms of Service ("Terms") are an agreement between you and Studio58, Inc. ("Kaldune," "we," "us," or "our"), a Delaware corporation 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 Privacy Policy. 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 about the handling of personal data, the Privacy Policy governs that handling.
1. Acceptance and eligibility
1.1 Agreement. Before you first open the studio, we ask you to press Agree and open the studio. Pressing it means you agree to these Terms and the Usage Policy, both linked on that screen, and confirm you are at least 18; we record when you agreed and which version of these Terms you agreed to. Our Privacy Policy explains how we handle your data. By pressing Agree, or by accessing or using the Service, you agree to be bound by these Terms and you acknowledge the Privacy Policy. If you do not agree, do not create an account and do not use the Service.
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. 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 and business customers. Where a section applies only to one, it says so.
2. Acceptable use
2.1 What the studio will and will not do. You may not use the Service to break the law, to violate another person's rights, to create or spread material that harms people, or in any way that the usage policies of the AI providers powering the Service prohibit. A use those providers prohibit is prohibited on Kaldune, whether or not it is separately listed here. The Usage Policy is part of these Terms and sets out the uses that are not allowed.
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"; together, "Customer Content"). You represent that you have the rights needed for us and our providers to process your Inputs and produce Outputs, and that your Inputs and your use of Outputs do not violate any law, any third party's rights, or these Terms.
2.3 Account security. You are responsible for activity under your account. 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 these Terms, if the law requires it, or if a provider suspends the capability that powers the Service. Where practical we will give notice; where a delay would create risk, we may act first and notify after.
3. Your content and ownership
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. Your ownership is not contingent on the payment or completion status of any individual brief: work already produced for you is yours, and no later funding shortfall or cancellation withdraws it.
3.3 The honest limit on AI-output ownership. The law governing ownership and copyright of AI-generated material is unsettled and still developing. Purely AI-generated material may have thin copyright protection or none at all. We assign you whatever rights we have; we cannot grant rights the law does not recognize, and we do not warrant that any Output is protectable by copyright. 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, meaning the software, the interface, the studio system, and 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.
3.5 Feedback. If you send us suggestions or feedback about the Service, we may use them without obligation to you. This means feedback about Kaldune itself. When you rate a reply, the reply you rated travels with your note; we read it only to improve the studio and never use it to train any model.
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, or marketing without your consent, obtained before any such use. Consent is specific to what you agreed to show and may be withdrawn for future use.
3.7 Your deliverables stay accessible. 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 credits covering the rest of the work: if a brief is still in progress, or your credits ran out mid-brief, you may still access and download everything already produced. Running out of credits pauses further work; it does not lock, withhold, or gate access to work already produced. We do not hold your work hostage to payment. This right is subject only to suspension or termination for your material breach, or as law requires.
3.8 Your work persists. As long as your account is active, the work in your studio is retained so you can return to it, resume a brief, or iterate on a finished one. Retention and deletion timelines are in the Privacy Policy.
3.9 Publishing your work to the web. The Service can publish a piece of your delivered work as a public page at its own address under kaldune.app, whatever the work is: a document, a film, an image, audio, or work that runs (an app, a site, an interactive piece). An address that began under kaldune.ai/publish/ takes visitors to the page's address. The studio names the address from your brief, and you can choose a different name that is free when you publish. You can change it later, and an app that runs on its own server keeps its data when its address changes. When you change a page's address, the page moves to the new address. While your account is open, its old addresses stay yours: no one else can take them, and each one takes visitors to the page's current address while the page is published. Publishing is always your action: nothing you make becomes public unless you publish it, and a published page is public, so anyone with the address can view it. A published page stays up, on every plan and whatever your balance, until you take it offline, delete the brief it came from, or close your account. Hosting is included, on every plan and with no plan at all: the server, the address and the database behind a site or app you take live are part of the Service and never a charge, and they stay up when your credit is at zero. Nothing is taken down, slowed or held for money. Fair-use limits apply to an app's traffic and to the storage it uses (see Apps that keep data, below). Every published page carries a way to report abuse. Nothing you publish carries a "Make something like this" link, whatever the work is. Only a private link you share to a piece of your work, such as a film, a document or a PDF, carries a small "Make something like this" link back to Kaldune; a private link to a site or app carries none. You can take a page offline instantly, at any time. We may remove or disable a published page immediately if it violates these Terms or the Usage Policy, if the law requires it, or on a valid takedown notice under Section 18. A published page can appear in search engines and AI search results unless you switch on Hide from search engines for that page. Taking it offline removes the page and asks search engines to drop it; their own copies can take a while to clear.
Apps that keep data. An app you publish can keep what its visitors enter, such as bookings, sign-ups or records, in a database of its own. That data is yours. You decide what your app collects, and you are responsible for it and for telling the people who use your app what it collects and why, as the law where they live requires. We store it only to run your app, under our Data Processing Addendum where it applies, and we do not read it in the normal course (Section 5.2). Its storage grows as your app needs it; we may limit an app that uses storage far beyond any normal app, or that breaks the Usage Policy. When you take the app offline or delete the brief it came from, its database is kept for 90 days and then deleted. When your account is deleted, the database of every app published from a brief you own is deleted with it.
Taking a published page offline, whether you do it or we do, never touches the underlying work in your studio: Section 3.7 continues to apply, and you can download and republish your work as these Terms allow.
4. The AI behind the studio
4.1 AI-assisted output. The work in your brief is produced with the assistance of AI, including models provided by third-party AI providers. This is fundamental to how Kaldune works.
4.2 The providers behind the Service. Kaldune's studio is its own system, and it calls on third-party providers for specific capabilities: AI models, and the services that store your files, run the studio, send account messages, process payments, and keep the Service secure. We do not name each of them in these Terms, and we may add, remove, or replace providers at any time as we improve the Service. Our sub-processors page lists every provider that handles your data.
4.3 Changing a provider never weakens our promises. Regardless of which providers we use or when we change them: (a) we do not read your work in the normal course (Section 5.2); (b) we do not use your Inputs, your briefs, or any Customer Content to train or improve any AI model; the language models the studio calls on and our cloud infrastructure are contractually barred from training on your work, and for specialist tools we use enterprise terms and switch training off wherever a provider offers it; and (c) we do not sell your personal data and do not share your Customer Content except as the Privacy Policy permits. Each provider that handles Customer Content receives only what its part of the work needs, under its commercial terms. Swapping a provider is a right to change who provides a capability; it is never a right to change what we promise about your data. If a provider change ever required a change to those commitments, we would treat it as a change to these Terms and give you notice under Section 15.
4.4 No training on your work. The language models the studio calls on and our cloud infrastructure are contractually barred from training on your work. For specialist tools, we use enterprise terms and switch training off wherever a provider offers it, and we do not opt any traffic into training. Models we run ourselves are never trained on your work. We do not forward your work to any provider as feedback. If a provider ever changes that posture, we will update these Terms and the Privacy Policy and give you notice as described in Section 15.
4.5 No accuracy guarantee from the providers. AI providers supply their models as-is and disclaim warranties of accuracy and non-infringement. We cannot and do not give you a stronger guarantee about Outputs than the providers give us. See Sections 9 and 10.
4.6 Models can make mistakes. AI models can and do make mistakes, and an Output can be wrong even when it looks polished, detailed, and precise. Validate anything you intend to rely on. Treat every Output as strong work for your judgment to confirm, not as a finished fact, and see Sections 9 and 10 for how this is reflected in the promises we make.
4.7 Fictitious personas. Kaldune's specialists are artificial-intelligence personas. Their names, identities, and credentials are fictitious, created for the working experience. Any resemblance to real persons, living or dead, or to actual firms or houses, is coincidental and unintended.
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, and we do not disclose it except as these Terms and the Privacy Policy permit or the law requires.
5.2 We do not 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, and only for the purpose you asked. Every read of our database and every change anyone at Kaldune makes to your stored data outside the service is logged.
5.3 Legal requests, handled narrowly. Beyond Support at your request (Section 5.2) and feedback you choose to send on a reply (Section 3.5), the only other exception is a valid, compelled legal demand, or a genuine emergency involving risk of serious physical harm to someone. We disclose Customer Content or account information to a government or law-enforcement authority only where we are compelled by valid legal process, such as a validly issued subpoena, court order, or warrant. We evaluate each request for validity and scope, we challenge requests that are overbroad or deficient, and we produce only what the legal process actually requires. Where we are legally permitted to, we will notify you before we disclose, so you have the opportunity to protect your data. We may be unable to give notice where the law prohibits it or in a genuine emergency involving risk of serious harm. A compelled disclosure is the narrow exception, never permission for us to read, use, share, sell, or train on your Customer Content.
6. Privacy and your data
Our Privacy Policy describes what we collect, why, how long we keep it, and your rights over it, including the commitments that we do not read your work in the normal course and do not use it to train or improve any AI model. Two controls live in the product itself: from Settings you can export your account record (your list of briefs, your wallet history, and your invoices, in one file) and delete your account, without emailing anyone. The work itself is always yours to download from each brief (Section 3.7). Nothing in these Terms grants us any right in your Customer Content beyond what the Privacy Policy permits.
Data Processing Addendum. If you use Kaldune for a business, or as the owner or a member of a workspace, our Data Processing Addendum is part of these Terms and governs how we process the personal data in your content. It applies automatically when you accept these Terms; no signature is needed.
7. Payments: credits, subscriptions, and refunds
How paying for Kaldune works, in one line: you pay with credits in your wallet, and a subscription if you choose one; the studio draws from your credits as it does your work. This Section 7 is the exact version of that.
7.1 Wallet credits. You add funds to a credit balance held in your account. Each top-up is a charge you authorize: either one at a time, or, if you switch on auto-reload in Settings, automatically each time your balance falls below the level you set, until you switch it off. Credits you buy for yourself expire 12 months after the purchase they came from, except where the law where you live does not allow it. If the law where you live does not allow this expiry, ask us through Get help or at support@kaldune.ai and we will restore the credit. Until then, unused paid credits remain available and carry forward, subject only to the refund and termination provisions below and any requirement of law. Credit bought before this rule took effect expires 12 months after your wallet was opened.
7.2 Subscriptions. If you choose a subscription, it renews each billing period until you cancel. You can cancel at any time from Settings or by emailing support@kaldune.ai. Cancellation takes effect at the end of the current billing period: you keep everything the subscription includes through the end of the period you paid for, and you are not charged again. Cancelling never claws anything back. Your delivered work remains accessible, and your unused paid credits remain yours, exactly as Section 3.7 and Section 7.1 provide.
7.3 How work draws on your credits. The Service performs work in your brief and deducts the cost from your available credits as the work is done. A brief is not quoted a fixed price before it begins, because the cost depends on what the studio actually does. The Service checks your balance before each step of work. When your credits run out, work pauses and the studio tells you; adding credits resumes it. The step that was running when the balance reached zero finishes, and any small amount it used beyond your balance is taken from the next credit that lands. You are never charged for that, or anything else, outside your wallet.
7.4 Promotional credits. We may issue promotional or courtesy credits. A promotional grant may carry its own conditions and expiry, stated when it is issued; that expiry never touches the rule in Section 7.1 for credits you buy. Some promotional credit is applied automatically and is not shown as a balance; it covers work until it is used up or until your first purchase, plan or gift code, when any remainder ends. Promotional credits are non-transferable, have no cash value, are not refundable, and may be revoked if obtained or used through fraud, abuse, or error. Promotional credit given with a payment is taken back if that payment is refunded or disputed.
7.5 Payment processing. Card payments are processed by our third-party payment processor, named on our sub-processor list. It collects and processes your card details directly; Studio58, Inc. does not receive, handle, or store your full card details.
7.6 Credits, plans, refunds, and billing questions. Credit you buy for yourself expires 12 months after the purchase it came from, except where the law where you live does not allow it (Section 7.1). Gift credit never expires, whether the gift has been claimed or not. Plan credit lands at the start of each billing month and is for that month: whatever is unused when the month ends is cleared, and the next month's credit lands at the same moment. From time to time we add bonus credit to top-ups or to plan credit, such as an early-member credit. A bonus on a plan month is plan credit for that month; a bonus on a top-up is promotional credit under Section 7.4. A bonus has no cash value, and it is taken back if the payment it came with is refunded or disputed. Where two offers would apply to the same credit, the larger one applies alone. You cannot pause a plan yourself. A personal plan pauses automatically while you are a member of a workspace that pays for your work, and resumes when you leave it; it is not charged while paused. You can cancel a plan at any time from Settings under Billing (Cancel your plan, at the bottom of the page); cancellation takes effect at the end of the billing period you already paid for, the fee for that period is not refunded, and your delivered work stays yours. Except as these Terms expressly provide or where the law requires, payments are non-refundable. These Terms provide two refunds: if we terminate your account, Section 12.3 applies; and a payment made with a card from a country covered by Section 13 is refunded automatically and never reaches your wallet. Where the law where you live gives you a right to cancel or to a refund, that right applies in full, and nothing in these Terms reduces it. There is no self-serve refund. Billing questions, including a request for a refund or any request about a charge, are made through Get help, where Marcus, studio support, sends them to a person on the team, or by email to support@kaldune.ai; a person answers, by email. A refund we issue returns to the original payment method you paid with.
7.7 Chargebacks. If you dispute a charge with your bank 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 pending resolution. Initiating a chargeback for value you have already used, or otherwise abusing chargebacks, refunds, or promotional credits, is a violation of these Terms.
7.8 Taxes. Amounts you pay are exclusive of taxes unless stated otherwise. Where we are required to collect sales, use, VAT, GST, or similar taxes, they are added at the time of payment.
7.9 Workspaces. A workspace's plan and credit pay for the work of its members; the workspace owner controls them.
8. Availability and changes to the Service
8.1 We aim for a reliable service, but we do not promise perfect uptime. The Service is provided on an as-available basis. We do not commit to a specific uptime or service level unless we have agreed to one in a separate written agreement with you.
8.2 Dependencies on our providers. The Service depends on the third-party providers described in Section 4. It may be unavailable, delayed, or degraded during maintenance, because of events outside our reasonable control, or because a provider suffers an outage, makes an error, or changes its service. We stand behind our own choices and how we run the studio, but we do not warrant that our providers will perform without interruption, and we cannot give you a stronger commitment about a provider's performance than the provider gives us.
8.3 Changes. The Service is new and will change. We may add, modify, or remove features, and we may change the AI models it calls on. We will strive to give reasonable notice of a material reduction in functionality, but where urgency requires, we may act first. Features labeled beta, experimental, or preview are provided as-is, may be changed or withdrawn at any time, and withdrawing one is not a breach of these Terms. Nothing in this Section reduces the data commitments in Sections 4, 5, and 6.
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. 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 (Section 3.3). You must evaluate, and where appropriate have a qualified person review, each Output before you rely on 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 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.
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. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of these exclusions may not apply to you. Nothing here excludes 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.
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 months before the event giving rise to the liability, and (b) one hundred US dollars.
10.3 What the law does not let us limit. Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud, 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.
10.4 Third-party providers. To the maximum extent permitted by law, we are not liable for a failure, interruption, or defect of the Service to the extent it is caused by a third-party provider the Service depends on, or by any other event outside our reasonable control. This does not narrow the obligations we retain over matters we do control, including our data commitments in Sections 4, 5, and 6, which are not excused by this Section.
11. Indemnification
11.1 Your indemnity to us. You will defend, indemnify, and hold harmless Studio58, Inc. and its officers, employees, and agents from any third-party claim, and any resulting loss or reasonable legal cost, arising out of: (a) your Inputs; (b) your use of the Service or of any Output, including how you publish or distribute an Output; (c) your violation of these Terms, any law, or any third party's rights; or (d) your fraud, willful misconduct, or gross negligence. This reflects that you control your Inputs and you decide to put an Output into the world.
11.2 Our defensive commitment. 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. Instead, our commitment is specific: if a third party claims that the Kaldune software or Service itself, as distinct from any Output, infringes that party's US intellectual-property right, we will defend that claim and indemnify you for amounts finally awarded or agreed in settlement, subject to the cap in Section 10.2. Where an AI provider extends its own IP-claim defense to outputs generated through authorized paid use, we pass through the benefit of that commitment to the extent we are permitted and able.
11.3 Exclusions and process. Our commitment does not cover claims arising from your Inputs, your modifications, combinations with things we did not provide, or your breach of these Terms. The party seeking indemnity must promptly notify the other, allow the indemnifying party to control the defense, and reasonably cooperate. Indemnification under this Section is each party's sole remedy for the third-party claims it covers.
12. Termination
12.1 By you. You may stop using the Service and delete your account at any time from Settings or by contacting support@kaldune.ai. If you delete your account, any plan on it ends at once and is never charged again; the fee for the current period is not refunded. To use the rest of a period you paid for, cancel the plan instead (Section 7.2) and delete the account when the period ends. If you own a workspace that has other members, hand it to a member first (Settings > Workspace); then you can delete your account. If you close your account, you may ask about unused paid credit through Get help or at support@kaldune.ai; a person answers, by email.
12.2 By us. We may suspend or terminate your access if you materially breach these Terms, if required by law, if a provider withdraws 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.
12.3 Effect of termination. On termination, your right to use the Service ends, and access ends with it: when your account is deleted, your sessions end immediately and the studio can no longer be opened. So the time to take your work is before the account closes; downloading it is always available while the account is open (Section 3.7), and the Privacy Policy says the same in its Section 8. Where we terminate and it is practical to give notice, the notice in Section 12.2 is your window to do that. After deletion, your Customer Content is deleted on the timelines in the Privacy Policy. If we terminate your account, for any reason including a breach of these Terms, we refund your unused paid credit and the unused part of any plan period, prorated, promptly, issued by a person to your original payment method.
12.4 Survival. Sections 3, 5, 9, 10, 11, 13, 14, 16, 18, and 19, and any provision that by its nature should survive, survive termination.
13. Export controls and sanctions
Kaldune is offered only in the countries and regions our AI partners support, and never where US sanctions apply. It is not offered in Afghanistan, Antarctica, Belarus, China (including Hong Kong and Macao), Cuba, Iran, Kosovo, Myanmar, North Korea, Russia, Syria, Venezuela, Western Sahara, Yemen, or the Crimea, Donetsk, Kherson, Luhansk or Zaporizhzhia regions of Ukraine. Access from every country and territory on this list is blocked at the network layer, and payments from them are refused; the listed regions of Ukraine are prohibited by these Terms.
You may not use or access the Service in violation of US or other applicable export-control or sanctions laws. You represent that (a) you are not located in, ordinarily resident in, or acting on behalf of a person or entity located in any place listed above (Afghanistan, Antarctica, Belarus, China (including Hong Kong and Macao), Cuba, Iran, Kosovo, Myanmar, North Korea, Russia, Syria, Venezuela, Western Sahara, Yemen, or the Crimea, Donetsk, Kherson, Luhansk or Zaporizhzhia regions of Ukraine), or any other country or region subject to comprehensive US sanctions; (b) you are not on the US Treasury OFAC Specially Designated Nationals list, the US Commerce Department Entity List, or any other US government restricted- or denied-party list; and (c) you will not export, re-export, or transfer the Service or its outputs to any such person or place. If your country of residence or your billing country changes to a jurisdiction covered by this Section, your right to use the Service ends immediately.
14. Governing law and disputes
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 US federal law. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory consumer-protection laws of the place where you live.
14.2 Talk to us first. Before starting a formal proceeding, contact us at legal@kaldune.ai and give us 45 days to try in good faith to resolve the dispute informally. Most disputes end here, and we prefer it that way.
14.3 Venue. Any dispute not resolved informally will be brought exclusively in the state or federal courts sitting in the State of Delaware, and you and we consent to the jurisdiction of those courts. 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 your local courts.
14.4 One set of terms, operated from the United States. Kaldune is offered only in the countries and regions our AI partners support, and never where US sanctions apply (Section 13), on a single set of terms, operated from the United States under Delaware law. This does not strip away rights your local law gives you: mandatory consumer protections and data-protection rights where you live are preserved, as described here and in the Privacy Policy. You are responsible for complying with the laws that apply to you in your own location.
14.5 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.
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.
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.
16.2 To us. Legal notices to us must be in writing to Studio58, Inc., Attn: Legal, at legal@kaldune.ai. Notice by mail may be served on Studio58, Inc.'s registered agent of record in the State of Delaware, whose current name and address are on file with the Delaware Division of Corporations at icis.corp.delaware.gov.
17. General
17.1 Entire agreement. These Terms, together with the Usage Policy, the Privacy Policy and, where it applies, the Data Processing Addendum, 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 parties. Nothing here creates a partnership, agency, or employment relationship between you and us.
18. Copyright complaints (DMCA)
Studio58, Inc. respects the intellectual-property rights of others and expects you to do the same. We respond to clear notices of alleged copyright infringement under the US Digital Millennium Copyright Act (17 U.S.C. § 512).
18.1 Reporting alleged infringement. If you are a copyright owner, or authorized to act for one, and you believe content on the Service infringes your copyright, send a written notice to copyright@kaldune.ai. Studio58, Inc.'s DMCA-designated agent is registered with the U.S. Copyright Office; the agent's name and address of record are on file in the Copyright Office's DMCA Designated Agent Directory at dmca.copyright.gov/osp. To be effective under 17 U.S.C. § 512(c)(3), your notice must include substantially:
- a physical or electronic signature of a person authorized to act for the owner of the right allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material, with enough detail to let us locate it;
- your contact information (name, address, telephone number, and email);
- a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and
- a statement, made under penalty of perjury, that the information in your notice is accurate and that you are, or are authorized to act for, the owner of the right allegedly infringed.
Under 17 U.S.C. § 512(f), knowingly making a material misrepresentation in a notice can make you liable for damages, including costs and attorneys' fees.
- Agent: Copyright Agent
- Organization: Studio58, Inc.
- Mailing address: 2810 North Church Street, Suite 89062, Wilmington, DE 19802
- Phone: (617) 860-2017
- Email: copyright@kaldune.ai
18.2 What we do with a valid notice. On receiving a substantially compliant notice, we act expeditiously to remove or disable access to the identified material, and we make a reasonable effort to notify the user who submitted it. Because we do not read Customer Content in the normal course (Section 5.2), a notice is how a rights-holder brings material to our attention.
18.3 Counter-notice. If your material was removed and you believe that was a mistake or misidentification, you may send a counter-notice to copyright@kaldune.ai meeting the requirements of 17 U.S.C. § 512(g)(3): your signature, identification of the material and its prior location, a statement under penalty of perjury of good-faith belief in the mistake, your contact details, and consent to the jurisdiction of the relevant US federal district court. If we receive a valid counter-notice, we may restore the material in 10 to 14 business days unless the original complainant first notifies us that they have filed a court action.
18.4 Repeat infringers. Consistent with 17 U.S.C. § 512(i), we terminate, in appropriate circumstances, the accounts of repeat copyright infringers.
18.5 Other complaints. For alleged infringement of rights other than copyright, or for privacy or publicity complaints, contact legal@kaldune.ai with the same level of detail.
19. Reporting a security vulnerability
If you discover a security vulnerability in the Service, please report it privately to security@kaldune.ai rather than disclosing it publicly, and give us a reasonable period to investigate and fix it. If you conduct security research in good faith, meaning you avoid privacy violations and service degradation, you access only data that is your own or that you have explicit permission to test, and you give us a reasonable opportunity to remediate before disclosure, we will treat your research as authorized and will not pursue legal action against you for it. This safe harbor does not authorize accessing another person's Customer Content. Our full security posture is on the Trust page.