End-User License Agreement

This End-User License Agreement ("EULA") is a legally binding contract between KrakDBench ("Company," "Licensor") and you ("Licensee," "you") governing your use of our software-as-a-service platform, including any associated software, updates, and documentation (collectively, the "Software").

BY CREATING AN ACCOUNT AND USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.

1. License Grant

Subject to your compliance with this EULA, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software in object code form solely for your internal business purposes. This license is personal to you and your authorized employees, and may not be shared, rented, leased, or transferred to any third party.

2. Ownership & Intellectual Property

The Software is licensed, not sold. The Company retains all right, title, and interest in and to the Software, including all intellectual property rights (copyrights, patents, trade secrets, trademarks, and know-how). Nothing in this EULA transfers any ownership rights to you. You acknowledge that the Software contains proprietary and confidential information of the Company and its licensors.

3. License Restrictions & Prohibited Conduct

You are expressly prohibited from doing any of the following with the Software:

• Reverse Engineering: Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, underlying algorithms, data structures, or trade secrets of the Software. This prohibition applies to all portions of the Software, including any APIs, libraries, and data processing engines.
• Unauthorized Copying & Redistribution: Copy, reproduce, distribute, sublicense, rent, lease, lend, timeshare, or otherwise transfer the Software, or any part thereof, to any third party.
• Modification & Derivative Works: Modify, adapt, translate, patch, or create derivative works based upon the Software, in whole or in part.
• Web Scraping & Data Mining: Use any automated system, bot, spider, crawler, scraper, or similar tool to access, harvest, extract, or copy any data, content, or analytics outputs from the Software for any purpose, including but not limited to commercial analysis, market intelligence, or competitive benchmarking.
• Artificial Intelligence Training: Feed, input, or provide any portion of the Software's outputs, reports, analytics, or user interface to any artificial intelligence (AI), machine learning (ML), or large language model (LLM) system for the purpose of training, fine-tuning, or improving such AI/LLM system.
• Circumvention: Bypass, disable, or circumvent any security features, authentication measures, rate limits, or usage restrictions built into the Software.
• Competitive Use: Use the Software to develop, build, or benchmark any product or service that competes with, or is substantially similar to, the Software or any other products or services offered by the Company.

4. Your Data

You retain all rights, title, and interest in and to all data, files, and information that you upload to the Software ("Your Data"). We do not claim any ownership rights over Your Data. However, you grant us a limited, worldwide, royalty-free license to host, copy, store, process, transmit, and display Your Data solely as necessary to provide the Service to you. We will not use Your Data for any other purpose, including training our own AI models, without your explicit written consent.

5. Term & Termination

This EULA is effective until terminated. You may terminate it at any time by ceasing use of the Software and deleting your account. The Company may terminate this EULA immediately if you breach any provision of this EULA, particularly the restrictions in Section 3. Upon termination, all rights granted to you under this EULA cease, and you must immediately stop using the Software and delete any proprietary information in your possession.

6. No Warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SOFTWARE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO THIS EULA OR YOUR USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of laws principles. Any legal action or proceeding arising under this EULA shall be brought exclusively in the federal or state courts located in Delaware, and you irrevocably consent to the personal jurisdiction and venue of such courts.