Terms of
Service.

Agreement & parties.

These Terms of Service (the "Terms") are a binding legal agreement between you and [LEGAL ENTITY NAME], a [Delaware] [corporation] with its principal place of business at [REGISTERED BUSINESS ADDRESS] ("Kilo," "we," "us").

These Terms apply to the Kilo mobile applications (iOS and Android), our website at kilo.app, any APIs or developer tools we make available, and any related services (together, the "Services").

By creating a Kilo account, tapping "I agree," or using the Services, you agree to these Terms. If you do not agree, do not create an account and do not use the Services. This agreement takes effect at the point you tap "I agree" during sign-up (a method courts call "clickwrap" acceptance).

We also point you to our Privacy Policy, which is part of these Terms by reference.

Defined terms

Services

The Kilo mobile apps, website, APIs, and related features.

Split

A shared recurring expense created in Kilo (e.g., a Netflix subscription) that two or more people contribute to.

Owner

The Member who creates a Split. Typically the person whose payment method is charged by the underlying third-party service.

Member

A person who joins a Split and agrees to pay a share of it.

Content

Anything you upload, post, or otherwise provide through the Services — profile photos, Split names, notes, receipts, messages, etc.

Eligibility.

To use Kilo, you represent and warrant that you:

• are at least 18 years old;
• have the legal capacity to enter into a binding contract where you live;
• are not on any U.S., EU, UK, or UN sanctions or denied-persons list (including the U.S. Treasury's OFAC SDN list);
• are not a resident of a country subject to U.S. embargo or comprehensive sanctions;
• have not been previously banned or removed from Kilo; and
• if you are using Kilo on behalf of a business or organization, you have the authority to bind that entity to these Terms, and "you" then refers to both you individually and that entity.

What Kilo is (and isn't).

What Kilo is

Kilo is a cost-splitting and payment coordination tool. Kilo helps you create Splits, invite Members, calculate each Member's share, and coordinate payments between Members.

Money movement itself (including payment-method charging, settlement, and any temporary holding of funds within the payment flow) is performed by Stripe, Inc. under Stripe's Services Agreement and Connect Account Agreement. Kilo's role is limited to software coordination, records, and user-facing payment instructions inside the Services. By using payment features in Kilo, you also agree to the applicable Stripe terms.

What Kilo is not

Kilo is also:

• Not a party to the underlying agreement between Members of a Split;
• Not a party to your account with any third-party subscription, streaming, SaaS, utility, or digital service provider you choose to split — Kilo has no affiliation with, sponsorship by, or endorsement from those providers unless we say so expressly in writing;
• Not a guarantor of any Member's payment obligations. If a Member fails to pay their share, Kilo is not responsible for covering the shortfall.

Your account.

• One account per person. Accounts are personal and non-transferable; do not share credentials.
• Accurate information. Provide accurate, current information when you sign up and keep it up to date.
• You are responsible for all activity under your account, whether or not you authorized it. Notify us immediately at security@getkilo.app if you suspect unauthorized access.
• Identity verification. We may require you to verify your identity (including by providing a government-issued ID) to prevent fraud, comply with applicable law, or satisfy our payment processor's requirements. We may limit or suspend access until verification is complete.
• Username rules. Do not use a username that impersonates another person, infringes a trademark, is offensive, or is misleading. We may reclaim usernames at our reasonable discretion.
• Suspension & termination. We may suspend or close your account if you violate these Terms, if we're required to by law, or to protect the security of the Services or other users (see §19).
• Closing your account. You can close your account at any time via Settings → Account → Delete account. Obligations that accrued before closure (including any amounts you owe) survive.
• Recycled phone numbers. If a phone number associated with your account is reassigned by your carrier, the new holder will not receive access to your Kilo account; we will treat attempted logins from a new SIM as unauthorized and may require additional verification.

Splits & group obligations.

Creating a Split

The Member who creates a Split is the Owner. The Owner sets the underlying service, total amount, billing cadence, and each Member's share. The Owner is typically the person whose payment method is charged by the third-party service being split — the relationship with that service is between the Owner and that service, not Kilo.

Joining & leaving

• Opt-in is required. A Member is only bound to pay a share after they affirmatively join a Split in the Kilo app. We will never charge someone who has not joined.
• Changes to a Split. The Owner may change the Split's amount, cadence, or share allocation. Members will be notified in advance; for material changes (total amount or your share), Members must re-confirm before the next billing cycle. If you don't re-confirm, your participation in that Split pauses.
• Leaving a Split. You may leave a Split at any time from inside the app. Leaving takes effect at the end of the current billing cycle, and you remain responsible for your share of that cycle.
• Deleting a Split. The Owner may delete a Split. Amounts that have already been charged or collected before deletion are unaffected by the deletion.

Non-payment & disputes

• If a Member fails to pay their share, the Owner may still be on the hook with the underlying service provider. Kilo does not cover the shortfall.
• We may remove a Member from a Split after [3] consecutive failed payment attempts.
• Disputes between Members — including disputes over amount, usage of the underlying service, or fair allocation — must be resolved between the Members. Kilo may (but is not obligated to) assist with mediation; our involvement is discretionary and informational.
• Chargebacks are not a substitute for dispute resolution. Filing a chargeback with your bank or card issuer over an amount you agreed to pay, without first contacting us in good faith, may result in suspension of your account (see §6).

Payments & billing.

6.1 Payment authorization

By joining a Split and providing a payment method, you authorize charges through Stripe for your share when you pay manually or when you enroll in autopay, plus any applicable Kilo platform fees, late fees, taxes, and third-party fees disclosed at checkout.

For Split payments between Members, Kilo's role is limited to software coordination, payment instructions, and recordkeeping. Kilo is not a bank, clearinghouse, escrow provider, or custodian of user funds, and Stripe and its financial partners perform the underlying payment processing under their own terms.

Specifically, you authorize charges:

• Amount: your share of each Split, which may vary between billing cycles (for example, if the underlying service changes its price, or if Members join or leave).
• Frequency: on the cadence you agreed to when you joined the Split (typically monthly or annually). If you enroll in autopay, off-session charges may run on billing day; otherwise you pay manually.
• Duration: until you leave the Split or close your account.
• How to cancel: leave the Split from inside the app, or email support@getkilo.app. Cancellation takes effect at the end of the current billing cycle.

The above authorization is provided for purposes of compliance with NACHA rules (for ACH debits), Visa/Mastercard network rules (for card payments), and Regulation E (for electronic fund transfers).

6.2 Currency & display

Amounts are displayed in U.S. dollars (USD) by default. If your card is issued in another currency, your bank will apply a conversion rate and may charge a foreign-exchange fee — that fee is between you and your bank, not Kilo.

6.3 Fees

• Platform processing fee — Kilo's fee on member share payments, disclosed in the in-app quote before you confirm. Kilo Plus subscribers receive a reduced fee. A late fee may apply for missed billing cycles.
• Failed-payment retry fee — none. We do not charge a fee for retrying a declined card. Your bank may charge NSF fees; those are between you and your bank.
• Taxes — You are responsible for any taxes owed by you on transactions between Members.

6.4 Failed payments

• For autopay members, we retry declined off-session charges up to 3 times with approximately 24 hours between attempts. After repeated failures and a grace period, the member is marked overdue and autopay may pause.
• For manual payers, unpaid shares are marked overdue the day after the billing day.
• You are responsible for keeping a valid payment method on file.
• Outstanding balances remain due. We may restrict your account or pause autopay on affected Splits.

6.5 Refunds & chargebacks

• Refunds between Members for disputed shares are a matter for the Members to resolve directly. Kilo does not guarantee, compel, or independently issue reversals for Split transactions between Members; any refund, reversal, or recovery of funds depends on the procedures and permissions available through Stripe, the relevant payment method network, and the institutions involved.
• If you initiate a chargeback with your bank without first contacting us in good faith, we may suspend your account and any Splits you belong to pending investigation. Excessive chargebacks are a basis for termination.

6.6 No escrow; no interest on funds in transit

You agree that Kilo does not maintain escrow accounts, trust accounts, or deposits for users, and Kilo does not assume any fiduciary duty with respect to funds associated with a Split. To the extent funds are temporarily pending, reserved, or delayed in transit within the payment flow, such funds are handled by Stripe or its financial partners under their own terms and not held in Kilo's corporate operating accounts. Kilo will not pay interest on funds in transit, and any interest or earnings on those funds belong to the entity entitled to them under the applicable payment-provider terms and law.

Third-party subscription services.

Kilo helps you track or coordinate the sharing of costs for third-party subscription, streaming, SaaS, utility, and other digital or recurring services (collectively, "Third-Party Services"). Kilo does not grant any rights to use Third-Party Services, and it does not modify your obligations to them.

• No affiliation or endorsement. Kilo is independent from Third-Party Services. Unless we state otherwise in writing, Kilo is not affiliated with, sponsored by, endorsed by, or partnered with any Third-Party Service. Product names, logos, and brands of Third-Party Services remain the property of their respective owners and, where displayed, are used only for nominative or informational identification.
• Your compliance duty. You are solely responsible for reading and complying with the terms, license restrictions, household-sharing rules, geographic limitations, and other requirements of any Third-Party Service you add to or coordinate through Kilo.
• No circumvention. You may not use Kilo to facilitate commercial account reselling, public credential sharing, unauthorized access, or any other activity that breaches a Third-Party Service's terms or applicable law.
• Your representation. By creating, joining, or continuing to participate in a Split, you represent and warrant that your use of Kilo in connection with the relevant Third-Party Service complies with that Third-Party Service's terms and restrictions.
• Our enforcement rights. We may remove, disable, or block any Split, listing, or related content associated with a Third-Party Service if we receive a complaint, request, or legal demand, or if we reasonably believe continued operation may violate a Third-Party Service's terms, applicable law, or these Terms.
• Indemnification. Without limiting §17, you will indemnify, defend, and hold harmless Kilo from any claim, investigation, liability, loss, damage, or expense (including reasonable attorneys' fees) arising out of or related to your breach of any Third-Party Service terms, any suspension or termination of your Third-Party Service account arising from your conduct, or any allegation that your Split or related content violates a Third-Party Service's rights.

Acceptable use.

You will not, and will not help anyone else:

• use the Services to commit fraud, launder money, finance terrorism, or evade sanctions;
• use Kilo to collect payment for goods or services you do not actually provide, or for unlawful goods or services;
• charge, add, or involve a minor or anyone without their consent;
• use the Services to evade the terms, technical restrictions, household-sharing limits, or commercial-use restrictions of any Third-Party Service;
• reverse-engineer, decompile, or disassemble the Services (except to the extent applicable law prohibits this restriction);
• scrape, crawl, or bulk-extract data from the Services; access the Services through any non-public API; or resell access to the Services;
• create accounts by automated means, or operate bots, scripts, or multiple accounts to circumvent limits;
• bypass, probe, or defeat any security or rate-limiting measure, or interfere with any other user's access to the Services;
• upload or transmit viruses, malware, or other harmful code;
• use the Services to transmit content that infringes or misappropriates any third party's intellectual property, privacy, or publicity rights;
• use the Services to harass, threaten, or defame any person, or to post hateful, discriminatory, or illegal content (including in profile names, photos, Split names, notes, and messages);
• use the Services for commercial resale without our prior written consent; or
• use the Services in connection with prohibited categories on Stripe's restricted businesses list, including but not limited to firearms and ammunition, regulated drugs, adult content, gambling, cryptocurrency mining, pyramid schemes, or other high-risk categories.

Violations of this section may result in a warning, feature restriction, Split removal, content removal, suspension, termination, and/or forfeiture of pending balances to the extent permitted by law. We may investigate suspected misconduct and may act without prior notice where we reasonably believe notice could create risk of harm, fraud, legal exposure, or interference with an investigation.

We may also preserve, review, and disclose relevant account information or content where we reasonably believe doing so is necessary to protect users, comply with law, respond to subpoenas, court orders, or regulator requests, investigate fraud or other prohibited conduct, or enforce these Terms. Nothing in this section obligates Kilo to monitor the Services or any user content.

Your content & DMCA.

Ownership & license

You retain all ownership of the Content you upload or create in Kilo. By providing Content to the Services, you grant Kilo a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting), display, and distribute that Content solely to operate, improve, and provide the Services to you and to the Members of your Splits. This license ends when you delete the Content or close your account, except to the extent we reasonably need to retain it to comply with applicable law, enforce these Terms, prevent fraud or abuse, resolve disputes, respond to subpoenas, court orders, or regulatory requests, or preserve evidence in anticipation of or during litigation, investigation, or audit, as well as for routine backups that are overwritten in accordance with our retention schedule.

You represent and warrant that you own or have all necessary rights to the Content you provide and that it does not infringe any third-party rights or violate any law.

We may remove, restrict, preserve, or disclose Content that we reasonably believe violates these Terms, infringes third-party rights, threatens the security or integrity of the Services, or is otherwise required to be retained, reviewed, or disclosed by law or legal process, without prior notice where not practicable.

Feedback

If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without any obligation or compensation to you.

DMCA — copyright takedown

If you believe Content on Kilo infringes your copyright, please send a notice to our designated agent that includes all information required by the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512(c)(3):

1. an identification of the copyrighted work claimed to have been infringed;
2. an identification of the Content claimed to be infringing and information reasonably sufficient to locate it;
3. your contact information (name, address, telephone, email);
4. a statement that you have a good-faith belief that the use is not authorized;
5. a statement, under penalty of perjury, that the information is accurate and that you are the owner (or authorized to act on behalf of the owner) of the exclusive right allegedly infringed; and
6. your physical or electronic signature.

We will respond to properly formed notices by disabling access to the identified Content. If you believe your Content was wrongly removed, you may submit a counter-notice containing the information described in 17 U.S.C. §512(g)(3). Kilo maintains a policy of terminating accounts of repeat infringers in appropriate circumstances.

Communications.

• Transactional messages (payment receipts, failed-payment alerts, security notices, verification codes, and changes to these Terms) are a required part of using the Services. We may deliver them by email, push notification, in-app notice, or SMS where you have provided consent to receive SMS.
• Marketing emails — opt-in for users in the EU, UK, and other jurisdictions that require consent; opt-out elsewhere. Every marketing email includes an unsubscribe link.
• SMS consent (US). By providing your mobile number to Kilo, you expressly consent to receive automated and non-automated text messages (SMS/MMS) from Kilo for transactional, security, and verification purposes. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Reply HELP for help or STOP to revoke SMS consent. If you reply STOP, we will stop sending text messages to that number, including transactional and security messages, and you may miss important notices as a result. If SMS consent is revoked, we may instead use email, push notifications, or in-app notices where available. See our Privacy Policy §12 for details.
• Push notifications can be managed from Settings → Notifications or in your device's system settings.

Intellectual property.

The Services, including all software, designs, user interfaces, logos, wordmarks, text, graphics, and trademarks, are owned by Kilo or its licensors and are protected by intellectual property laws.

Subject to your compliance with these Terms, Kilo grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Kilo app on devices you own or control, and to use the Services for your personal, non-commercial use.

You may not (except to the extent applicable law prohibits the restriction): copy, modify, adapt, translate, publicly display, distribute, sell, license, sublicense, or create derivative works of the Services or any part of them; remove any proprietary notices; or use our trademarks without our prior written permission.

Privacy.

Your privacy matters. Our Privacy Policy describes how we collect, use, and share information about you, and the choices and rights you have. By using the Services you also agree to our Privacy Policy, which is incorporated into these Terms by reference.

Third-party infrastructure & services.

Kilo operates as a software layer that integrates with and depends on services provided by independent third parties, including without limitation payment processors, cloud and database providers, authentication providers, push-notification systems, mobile operating systems, app-store platforms, analytics tools, SDKs, APIs, and build or update services (collectively, "Third-Party Infrastructure"). Those services are governed by their own terms, which apply in addition to these Terms.

You acknowledge that Kilo does not own, operate, control, or monitor Third-Party Infrastructure, and those providers are not Kilo's agents, partners, or joint venturers. To the maximum extent permitted by law, Kilo is not responsible for the acts, omissions, outages, service interruptions, data loss, data corruption, data breaches, processing errors, account suspensions, developer-account actions, app-store decisions, API changes, policy changes, or service terminations of any Third-Party Infrastructure, or for any content, product, or service offered by a third party accessed through Kilo. To the extent an issue arises from payment processing or another Third-Party Infrastructure provider, your rights and remedies, if any, may be governed by that provider's terms rather than these Terms.

Disclaimers.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KILO AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

KILO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT PAYMENTS WILL SUCCEED; THAT ANY PARTICULAR THIRD-PARTY SERVICE WILL CONTINUE TO BE SUPPORTED; OR THAT THE RESULTS OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE.

Some jurisdictions do not allow the disclaimer of implied warranties, so some of the above disclaimers may not apply to you. In that case, our warranties are limited to the minimum extent required by applicable law.

Limitation of liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KILO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, LOSS OF PRIVACY, REPUTATIONAL HARM, EMOTIONAL DISTRESS, MENTAL ANGUISH, OR OTHER NON-ECONOMIC DAMAGES, OR FOR ANY STATUTORY, MULTIPLE, OR PENAL DAMAGES TO THE EXTENT SUCH DAMAGES MAY LAWFULLY BE DISCLAIMED, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF KILO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

KILO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND KILO AND APPLIES EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Without limiting the above, Kilo is not liable for any dispute between Members; for any failure, outage, or policy change of a third-party service (including any service you split); for any action or inaction of your payment method issuer; or for any amount a Member fails to pay.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you. The limitations in this section apply to the maximum extent permitted by applicable law.

Indemnification.

You will indemnify, defend, and hold harmless Kilo and its affiliates, officers, employees, and agents from and against any third-party claim, demand, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

• your breach of these Terms or the Privacy Policy;
• your violation of any law or of any third party's rights (including any third-party subscription service's terms of use);
• your Content;
• any dispute between you and another Kilo user; and
• your negligence or willful misconduct.

We may assume the exclusive defense and control of any matter subject to indemnification; you will cooperate with our defense and will not settle any claim without our prior written consent.

Disputes & arbitration.

18.1 Informal resolution first

Before filing any formal proceeding, you and Kilo agree to try to resolve the dispute informally. Send a written notice to legal@getkilo.app (subject: "Dispute Notice") describing the nature of your claim, the relief you seek, and your contact information. We'll acknowledge within 10 business days and attempt good-faith negotiation for at least 60 days before any arbitration or small-claims filing.

18.2 Binding individual arbitration

If we can't resolve the dispute informally, and except as stated in §18.5 and §18.6, any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Disputes") will be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The arbitrator, not any court, has exclusive authority to decide all issues relating to the enforceability, interpretation, scope, and applicability of this arbitration provision.

The seat of the arbitration will be Wilmington, Delaware, unless applicable law requires otherwise, and the arbitration may, at your election where required by the applicable rules, be conducted in person, by phone or video, or based solely on written submissions. The arbitrator may award any remedy that would be available in court, subject to §16.

18.3 Class action & jury trial waiver

YOU AND KILO EACH AGREE THAT DISPUTES WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

YOU AND KILO EACH WAIVE THE RIGHT TO A JURY TRIAL.

18.4 Mass arbitration protocol

If 25 or more similar arbitration demands are asserted against Kilo by the same or coordinated counsel within any 60-day period (a "Mass Filing"), the parties agree that the demands will be administered in an orderly staged process intended to reduce burden and promote resolution. First, counsel for the claimants and counsel for Kilo will each select five demands, for a total of 10 "Bellwether Cases," to proceed first in individual arbitration.

All remaining demands included in the Mass Filing will be stayed and held in abeyance pending completion of the Bellwether Cases, and the parties will use reasonable efforts to avoid requiring the filing or processing of additional batches while those Bellwether Cases are pending, except to the extent required by the arbitration administrator or applicable law. After final awards are issued in the Bellwether Cases, the parties will participate in a good-faith mediation for at least 60 days in an effort to resolve the remaining demands.

If the Mass Filing is not resolved through the Bellwether Cases and mediation, the remaining demands will proceed in sequential batches of up to 50 claimants at a time. To the maximum extent permitted by applicable law and administrator rules, no subsequent batch will proceed until the prior batch has been resolved by award, settlement, dismissal, or other final disposition. The statute of limitations applicable to demands included in a Mass Filing will be tolled from the time the first Bellwether Cases are selected until the stayed demand is selected to proceed, withdrawn, otherwise resolved, or this §18.4 is found unenforceable. If this §18.4 is found unenforceable as to a Mass Filing, then the remaining demands may proceed only in court of competent jurisdiction and not in class, collective, consolidated, or representative form, except to the extent §18.3 is also found unenforceable.

18.5 Small claims & equitable relief

Either party may bring an individual action in a small-claims court for disputes within that court's jurisdiction, in lieu of arbitration. Either party may also seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

18.6 Your right to opt out

You may opt out of this arbitration agreement within 30 days of first creating your Kilo account. To opt out, send an email to legal@getkilo.app with the subject line "Arbitration opt-out" and include your full name, the email address on your Kilo account, and a clear statement that you are opting out of the arbitration agreement. Opting out will not affect any other part of these Terms, and it will not cause us to terminate your account.

18.7 Governing law & venue

These Terms and any Dispute are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and (for Disputes not subject to arbitration) by the Federal Arbitration Act with respect to arbitrability. For Disputes not subject to arbitration (for example, small-claims actions or requests for equitable relief), you and Kilo consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware, unless applicable law requires otherwise.

18.8 Severability

If any provision of this §18 is found unenforceable, that provision will be severed and the remainder will continue in effect, except that if the class-action waiver in §18.3 is found unenforceable as to any claim or request for relief, then this entire §18 will be void as to that claim or request for relief, and that claim or request for relief must be litigated exclusively in the state or federal courts located in Wilmington, Delaware, unless applicable law requires otherwise.

Termination.

• By you. You may terminate at any time by deleting your account from Settings → Account → Delete account, or by emailing support@getkilo.app.
• By us. We may suspend or terminate your account or access to the Services immediately if: you breach these Terms; we are required to by law; you pose a security, fraud, or chargeback risk; or your account has been inactive for more than [24] months. We may also terminate for convenience on 30 days' notice.
• Effect. On termination, you lose access to the Services. Any amounts that accrued before termination remain due. We will delete your data on the schedule described in our Privacy Policy §8, except where we are legally required to retain records.
• Survival. The following sections survive termination: §10 (Content & DMCA), §12 (IP), §15 (Disclaimers), §16 (Limitation of liability), §17 (Indemnification), §18 (Disputes & arbitration), and §22 (General provisions).

Force majeure.

Neither party will be liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, pandemics, war, acts of terrorism, civil unrest, internet or telecommunications failures, governmental orders, cyberattacks, labor disputes, power failures, certificate or domain failures, outages or disruptions of services provided by third parties on which Kilo depends, app-store removals, app-review delays, developer-account suspensions, platform policy changes, operating-system changes, API deprecations, SDK incompatibilities, or actions taken by payment processors, mobile-platform providers, cloud providers, or other critical third-party infrastructure.

Changes to the Services & these Terms.

We may modify or discontinue any part of the Services at any time, with or without notice, though we will give reasonable notice of material changes where practicable.

We may also update these Terms. For material changes (for example, changes that expand your obligations, reduce our liability, or add new fees), we will notify you at least 30 days in advance by in-app notice, email, or both. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance. If you do not agree, stop using the Services and close your account before the effective date.

For material changes to the arbitration provision in §18, we will give you an opportunity to opt in or opt out, consistent with applicable law.

General provisions.

• Entire agreement; complete integration. These Terms, together with the Privacy Policy, any applicable Refund Policy, Cookie Policy, constitute the sole, final, and entire agreement between you and Kilo regarding the Services. They completely supersede and replace all prior or contemporaneous written or oral agreements, communications, proposals, representations, advertisements, marketing materials, app-store descriptions, promotional claims, and understandings relating to the Services. To the maximum extent permitted by law, you acknowledge that you have not relied on any representation or warranty not expressly set out in these Terms.
• Severability. Except as explicitly provided in §18.8, if any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable (if possible), and the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms or your Kilo account without our prior written consent. We may assign these Terms at any time, including in connection with a merger, acquisition, reorganization, or sale of assets.
• Third-party beneficiaries. There are no third-party beneficiaries of these Terms, except that Apple is a third-party beneficiary of the iOS-specific terms in §23.
• Electronic communications. You consent to receive communications from us in electronic form, including by email, push notification, and posting in the app. These electronic communications satisfy any legal requirement that such communications be in writing, consistent with the U.S. E-SIGN Act, 15 U.S.C. §7001 et seq.
• Language. These Terms were drafted in English. If we provide a translation, the English version controls in the event of any conflict.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Relationship. You and Kilo are independent contractors; these Terms do not create an agency, partnership, joint venture, or employment relationship.
• Contact. For support, email support@getkilo.app. For legal notices, email legal@getkilo.app and send a copy to the postal address in §25.

Apple & Google Play.

23.1 Apple App Store users (iOS)

If you downloaded Kilo from the Apple App Store, the following applies:

• These Terms are concluded between you and Kilo only, not with Apple. Apple is not responsible for the app or its content.
• Your license to use the app is limited to a non-transferable license to use Kilo on any Apple-branded product that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions.
• Maintenance and support. Kilo is solely responsible for providing any maintenance and support services. Apple has no obligation whatsoever to provide maintenance or support.
• Warranty. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple's sole obligation will be to refund the purchase price, if any. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any warranty failure are the sole responsibility of Kilo.
• Product claims. Apple is not responsible for any claims by you or any third party relating to the app or your use of it, including product liability, consumer-protection, or other regulatory claims.
• IP infringement. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual-property claim relating to the app.
• Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• Export compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You will not use Kilo in the development, design, manufacture, or production of nuclear, missile, or chemical/biological weapons.

23.2 Google Play users (Android)

If you downloaded Kilo from Google Play, you also agree to the Google Play Terms of Service. These Terms are between you and Kilo, not Google. Google is not responsible for Kilo or its content, and Google has no obligation to provide support for the app.

Regional notices.

24.1 California consumers

Under California Civil Code §1789.3, California users are entitled to the following notice: if you have a complaint, you may contact Kilo in writing at the address in §25 or by email at legal@getkilo.app. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24.2 EU & UK consumers

If you are a consumer in the EU, UK, or European Economic Area:

• Nothing in these Terms limits or excludes your non-excludable statutory rights as a consumer.
• For out-of-court dispute resolution, the European Commission provides an Online Dispute Resolution platform at ec.europa.eu/consumers/odr. We are not obligated to participate in ODR.

24.3 Australia

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot lawfully be excluded, restricted, or modified.

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