TERMS OF SERVICE

1. AGREEMENT

These Terms of Service (the “Terms”) govern your access to and use of Eutrya websites, local software, accounts, hosted features, Founder memberships, and related services (collectively, the “Services”) provided by Kitsune Security (“Kitsune,” “we,” “us,” or “our”). By using the Services, creating an account, or purchasing a Founder membership, you agree to these Terms and acknowledge the Privacy Policy. If you do not agree, do not use or purchase the Services.

You must be at least 18 years old and legally able to enter this agreement. If you use the Services for an organization, you represent that you have authority to bind that organization.

2. EUTRYA PHASE 1

Eutrya Phase 1 is a separate, free, local Linux Agent Relic. Software expressly identified as Apache‑2.0 is licensed under the Apache License, Version 2.0, available in LICENSE.txt. That open-source license governs the identified software itself. These Terms govern the website, accounts, hosted services, support, commerce, and other Services.

The Apache‑2.0 license does not grant rights to Kitsune or Eutrya names, logos, trademarks, private systems, hosted infrastructure, paid entitlements, customer data, or material not distributed under that license.

3. FOUNDER PRESALE AND RESERVATIONS

Olyth, Velith, and Nythra Founder memberships are sold as a presale. A successful payment reserves the selected Founder tier and locks its Founder rate while that membership remains continuously active. It does not provide immediate paid Relic downloads, compute, Olyth, Velith, or Nythra access.

The staged Founder rollout is scheduled to begin Friday, August 28, 2026. Release order and feature availability may vary by tier, platform readiness, safety review, or operational constraints. We will communicate material schedule changes through the account or contact information associated with the reservation.

A reservation becomes valid only after Stripe reports successful payment and our signed webhook processing records the account-bound entitlement. A success-page visit alone does not create an entitlement. Until release, the entitlement remains pending_release.

4. BILLING, RENEWAL, CANCELLATION, AND REFUNDS

Founder memberships are recurring subscriptions billed monthly or annually at the amount displayed before Checkout, plus applicable taxes. By confirming Checkout, you authorize Stripe to charge the selected payment method at purchase and each renewal until cancellation.

Your Founder rate remains locked only while the membership remains continuously active. A canceled, expired, unpaid, disputed, or otherwise inactive membership may lose its entitlement and price lock. A later purchase may use then-current pricing.

You may request cancellation through an available billing control or by contacting us. Cancellation stops future renewal once processed; access and reservation state follow the subscription status reported by Stripe. Except where required by law or expressly stated otherwise, payments are nonrefundable. Contact us promptly about duplicate charges, material delivery delays, or billing errors; nothing in these Terms limits non-waivable consumer rights.

5. ACCOUNTS AND SECURITY

You must provide accurate account information, protect sign-in links and credentials, and notify us promptly of suspected unauthorized use. You are responsible for activity under your account unless applicable law provides otherwise. We may require additional verification before sensitive account or billing actions.

6. AUTHORIZED AND LAWFUL USE

You may use Eutrya only for lawful activity within authority you actually possess. You must not use the Services to access systems without permission, evade safeguards, distribute malware, steal credentials or data, harass others, violate sanctions or export controls, infringe rights, or create material risk to people or systems.

Agent or model output is a proposal—not proof, legal authority, professional advice, or permission to act. You remain responsible for scope, authorization, human review, testing, evidence, and every action taken with or based on the Services.

7. CUSTOMER CONTENT AND HOSTED PROCESSING

You retain rights in content you submit. You grant us a limited license to host, process, transmit, and display that content only as needed to provide, secure, support, and improve the Services and comply with law. You represent that you have the rights and authority needed to submit the content.

Local Phase‑1 context is intended to remain on your device unless you deliberately export it or invoke a connected feature. Connected or hosted workflows may transmit the content needed to fulfill your request to infrastructure or model providers as described in the Privacy Policy.

8. THIRD-PARTY SERVICES

The Services may rely on third parties such as Stripe for payments, Supabase for account and entitlement infrastructure, Cloudflare for delivery and security, email providers for transactional messages, and model or compute providers for connected workflows. Their services and terms may apply to their processing. We are not responsible for third-party services outside our reasonable control.

9. INTELLECTUAL PROPERTY

Except for software or material expressly distributed under an open-source license, Kitsune and its licensors retain all rights in the Services. No rights are granted by implication. “Kitsune,” “Eutrya,” “Olyth,” “Velith,” “Nythra,” associated visual identity, and related marks are not licensed for branding use by Apache‑2.0.

If you voluntarily provide feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use it without restriction or compensation, provided we do not publicly identify you without permission.

10. AVAILABILITY, CHANGES, AND TERMINATION

We may modify, suspend, or discontinue features for maintenance, security, legal, or operational reasons. We may restrict or terminate access for breach, fraud, nonpayment, security risk, or unlawful use. Where practical, we will provide notice of material changes affecting a paid membership.

You may stop using the Services at any time. Provisions that by their nature should survive—including payment obligations, license boundaries, disclaimers, liability limits, and dispute terms—survive termination.

11. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KITSUNE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR ANY PARTICULAR SECURITY, LEGAL, FINANCIAL, OR PROFESSIONAL DECISION.

Open-source software distributed under Apache‑2.0 is also subject to the warranty disclaimer in that license.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITSUNE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITSUNE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID KITSUNE FOR THE AFFECTED SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100. These limits do not apply where prohibited by law.

13. INDEMNITY

To the extent permitted by law, you will defend, indemnify, and hold harmless Kitsune and its personnel from third-party claims arising from your unlawful use of the Services, your content, or your violation of these Terms or another person’s rights. This obligation does not apply to the extent a claim results from Kitsune’s own unlawful conduct.

14. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of Arizona, without regard to conflict-of-law rules. Subject to non-waivable consumer rights, the state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction over disputes arising from these Terms or the Services, and each party consents to that venue.

Before filing a claim, please contact us and provide a reasonable opportunity to resolve the dispute informally.

15. GENERAL

These Terms, the Privacy Policy, the Checkout disclosures, and any applicable open-source license form the agreement governing the Services. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a reorganization, financing, merger, acquisition, or transfer of the Services.

We may update these Terms. The revised version will state its effective date. Material changes to paid Services will be communicated through reasonable means. Continued use after the effective date constitutes acceptance where permitted by law.

16. CONTACT

Questions, billing requests, or legal notices may be sent to [email protected] or through the support channel shown in your Eutrya account or receipt.