Master Service Agreement

Services are limited to deployment and operation of the KrakenClaw platform and associated AI agent configurations on Customer's designated infrastructure. Unless otherwise agreed in writing by Company, KrakenClaw deployments currently support Slack integrations only. Company does not provide general IT services, cybersecurity consulting, legal advice, accounting advice, or business strategy services.

Unless otherwise agreed in writing, Managed Operations generally includes: remote monitoring of KrakenClaw service health and deployment status; routine maintenance of Company-managed deployment files and configurations; commercially reasonable troubleshooting of KrakenClaw deployment components; commercially reasonable updates to Company-managed deployment artifacts; and operational support through Company's designated support channels.

Unless otherwise agreed in writing, Managed Operations does not include: general server administration outside the KrakenClaw deployment; management of unrelated software, networks, or devices; custom development, feature requests, or workflow redesign; legal, regulatory, or compliance consulting; guaranteed response times, resolution times, uptime commitments, or service-level agreements; remediation of outages caused by Third-Party Services or Customer Infrastructure; backup, disaster recovery, or data restoration services; or end-user support for Customer's personnel, customers, or clients.

All fees are stated in U.S. dollars. Payment is processed via Stripe. Company may modify pricing for new customers at any time. Existing subscribers will receive at least 30 days written notice before any change to their recurring rate takes effect.

Managed Operations fees are billed monthly on the anniversary of the subscription start date. Customer authorizes recurring charges to the payment method on file until the subscription is cancelled in accordance with Section 6.

Customer is responsible for all applicable taxes, duties, and government fees associated with its purchase, excluding taxes based on Company's net income.

If a payment fails, Company may attempt to collect payment for up to 7 days. If payment is not collected within that period, Company may suspend or terminate Services without further notice.

All Blueprint sales are final. No refunds will be issued except where required by applicable law.

The Full Deployment fee becomes non-refundable once Deployment is complete. Deployment is complete when both of the following conditions have occurred: (1) the Fleet Configuration Call has been completed; and (2) Company has successfully installed the agreed KrakenClaw deployment components on Customer Infrastructure and confirmed operational installation.

If Deployment is not yet complete, Customer may submit a written refund request to legal@krakenclaw.ai. Company may review such request in its discretion, taking into account work already performed, reserved implementation time, and any customer-caused delays or access issues. Company may issue a full refund, partial refund, service credit, or no refund, except where applicable law requires otherwise.

Managed Operations fees are non-refundable once billed, except where required by applicable law. No prorated refunds are issued for cancellations during a billing period. Customer remains responsible for fees accrued through the end of the applicable notice period described in Section 6.

Before initiating a chargeback or payment dispute, Customer agrees to contact Company in writing at legal@krakenclaw.ai and allow 10 business days for good-faith resolution. Initiating a chargeback without following this process may constitute a material breach of this Agreement.

This Agreement begins when Customer accepts it and continues until terminated in accordance with this Section.

Customer may cancel any subscription service by submitting a cancellation request through the online customer account dashboard, or by providing written notice to legal@krakenclaw.ai. Customer must provide at least 30 days notice before cancellation takes effect, unless applicable law requires a shorter or easier cancellation method. Cancellation becomes effective at the end of the 30-day notice period. Customer remains responsible for all fees accrued during the notice period.

Company will maintain an online cancellation method in the customer account dashboard that is reasonably accessible and not materially more burdensome than the online sign-up flow. Company may require reasonable authentication and confirmation steps to prevent unauthorized cancellations.

Company may suspend or terminate this Agreement or any Service immediately if: Customer fails to pay fees when due; Customer materially breaches this Agreement; Customer uses the Platform for any unlawful purpose; Customer activity poses a security risk to Company systems or other customers; or Customer engages in abuse, harassment, or threatening behavior directed at Company personnel. Company may terminate this Agreement without cause by providing 30 days written notice.

Upon termination: Company may disable access to the Platform and cease Services; Company will remove its remote access credentials from Customer Infrastructure within 30 days, unless earlier removal is requested and technically feasible; Customer is responsible for preserving any data or configurations it wishes to retain; and Company has no obligation to retain Customer Data beyond 90 days following termination, unless a longer retention period is required by law or reasonably necessary for dispute resolution, fraud prevention, or enforcement.

As a condition of Managed Operations, Customer expressly authorizes Company to install and maintain remote access to Customer Infrastructure. This access is generally established through Tailscale and SSH using key-based authentication or comparable secure methods selected by Company. Remote access software may be installed on Customer's VPS or server during Deployment; such access creates an encrypted path that allows authorized Company personnel to access Customer Infrastructure remotely for service-related purposes; this access is necessary for Deployment, maintenance, monitoring, support, and troubleshooting; and without such access, Company cannot provide Managed Operations.

Company's access is limited to the KrakenClaw application stack, related configuration files, logs, containers, and system resources reasonably necessary to deploy, maintain, monitor, and support KrakenClaw. Company will not intentionally access, copy, modify, or exfiltrate Customer materials outside that scope except as authorized by Customer, required by law, or reasonably necessary to protect security, investigate incidents, or prevent harm.

Company generally implements: unique SSH keypairs or equivalent credentials per customer deployment; disabling SSH password authentication where supported and appropriate; protecting Tailscale or equivalent management credentials with multi-factor authentication; maintaining access logs or audit records where reasonably available; and rotating or revoking credentials when reasonably necessary.

If Company determines that Company-managed remote access infrastructure has been materially compromised in a manner likely to affect Customer, Company will take commercially reasonable steps to contain the issue, rotate or revoke affected credentials, and notify affected customers within a commercially reasonable time after discovery and confirmation of the incident.

Customer may request removal of Tailscale or other Company remote access credentials by providing at least 30 days notice through the customer dashboard or by email to legal@krakenclaw.ai. Customer acknowledges that removing remote access permanently terminates Managed Operations; termination of Managed Operations under this section does not entitle Customer to a refund except where required by law; Company will complete removal within a commercially reasonable time following the end of the notice period; and after removal, Customer is solely responsible for operation, maintenance, monitoring, and support of the deployment.

Customer acknowledges that AI agents, networked infrastructure, containers, remote access, integrations, and cloud services involve inherent and evolving security risks that cannot be fully eliminated. These risks include unauthorized access, software vulnerabilities, third-party dependency failures, supply chain attacks, prompt injection, social engineering, data leakage, misconfiguration, service outages, and novel attack vectors.

As part of its standard deployment process, subject to technical feasibility and Customer environment constraints, Company generally implements security controls such as SSH key-only authentication, firewall restrictions, credential isolation, encrypted transport, unique access credentials, and deployment-time hardening steps. These controls reduce risk but do not eliminate it.

COMPANY DOES NOT WARRANT THAT: CUSTOMER INFRASTRUCTURE WILL BE FREE FROM UNAUTHORIZED ACCESS; CUSTOMER DATA OR DEPLOYMENT DATA WILL BE FREE FROM LOSS, CORRUPTION, THEFT, INTERCEPTION, OR MISUSE; KRAKENCLAW OR ANY THIRD-PARTY SERVICE WILL BE FREE FROM VULNERABILITIES, OUTAGES, OR MALICIOUS ACTIVITY; OR ANY SECURITY INCIDENT WILL BE DETECTED, CONTAINED, OR REMEDIATED WITHIN A PARTICULAR TIME.

By accepting this Agreement, Customer: acknowledges the risks described in this Section; accepts those risks as a condition of using the Services; agrees that Company's liability for security incidents is limited by Section 14; agrees to implement reasonable security practices on Customer Infrastructure; and agrees not to store HIPAA-covered health information, PCI-scoped payment card data, or other highly sensitive regulated data in KrakenClaw without Company's prior written agreement.

AI agents may produce outputs that are incorrect, incomplete, misleading, outdated, offensive, or inappropriate for Customer's situation. Customer is solely responsible for reviewing, validating, and deciding whether to use any AI-generated output, recommendation, communication, workflow, or decision.

Customer may connect one or more third-party large language model providers or related AI providers of its choice. Company does not control and is not responsible for the outputs, availability, pricing, outages, policies, security, or performance of any Third-Party Service. Customer is solely responsible for all third-party fees, overages, suspensions, bans, policy changes, and terms compliance associated with any provider Customer selects.

Unless otherwise agreed in writing, KrakenClaw customer deployments currently support Slack integrations only. Customer is solely responsible for: ensuring its use of AI agents on Slack or any other approved communication channel complies with applicable law and the relevant platform terms; obtaining all notices, disclosures, and consents required for interactions involving AI agents; compliance with laws such as TCPA, CAN-SPAM, GDPR, CCPA, and similar laws; and any suspension, ban, restriction, or penalty imposed by a third-party platform as a result of Customer's AI agent activity.

Customer is solely responsible for ensuring its use of the Services complies with all applicable laws and regulations, including laws governing privacy, consumer protection, automated communications, employment, intellectual property, and industry-specific requirements.

Company retains all right, title, and interest in and to the Company IP. Nothing in this Agreement transfers ownership of Company IP to Customer.

Subject to Customer's compliance with this Agreement, Company grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to use the KrakenClaw deployment, associated configurations, prompts, documentation, and other Company IP delivered to Customer as part of the purchased Services, solely for Customer's internal business operations on Customer-controlled infrastructure. This license continues after termination of Managed Operations for convenience, provided Customer has paid all amounts due and is not in material breach of this Agreement.

Certain components of the Services may include open-source software subject to separate license terms. Nothing in this Agreement limits Customer's rights under applicable third-party or open-source licenses.

Customer retains ownership of Customer Data. Customer grants Company a limited, non-exclusive license to access, use, host, reproduce, transmit, and process Customer Data solely as necessary to provide the Services, maintain security, enforce this Agreement, comply with law, and resolve support issues.

If Customer provides feedback, suggestions, ideas, or recommendations regarding the Services, Customer grants Company a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such feedback for any lawful purpose without compensation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CUSTOMERS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO COMPANY IN THE 30 CALENDAR DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Customer acknowledges that the limitations in this Section are an essential basis of the bargain and that Company would not provide the Services on the same economic terms without them.

Nothing in this Agreement excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.

Before initiating formal proceedings, the parties agree to attempt in good faith to resolve disputes through direct negotiation. Either party may begin this process by sending written notice describing the dispute in reasonable detail. The parties will have 30 days from notice to attempt resolution before proceeding further.

Except as provided in Section 15.3, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted by a single arbitrator in Larimer County, Colorado.

Either party may bring an individual claim in small claims court in Larimer County, Colorado, if the claim qualifies, or seek temporary, preliminary, or emergency injunctive or equitable relief from a court of competent jurisdiction without waiving arbitration for other claims.

To the maximum extent permitted by law, all claims must be brought on an individual basis only. Neither party may participate in a class, collective, coordinated, or representative action.

To the extent a dispute proceeds in court, each party waives any right to a jury trial.

This Agreement is governed by the laws of the State of Colorado, without regard to conflict-of-law principles. For claims properly brought in court, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Larimer County, Colorado.

This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between the parties regarding its subject matter and supersedes prior or contemporaneous understandings relating to that subject matter.

Company may modify this Agreement from time to time. For material changes affecting active customers, Company will provide at least 30 days notice. Continued use of the Services after the effective date of a material change constitutes acceptance of the modified terms, except where applicable law requires a different method of consent.

If any provision is found unenforceable, the remaining provisions will remain in full force and effect.

Failure to enforce any provision is not a waiver of that provision or any other provision.

Customer may not assign this Agreement without Company's prior written consent. Company may assign this Agreement in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction, or to an affiliate.

Company is not liable for delays or failures caused by events beyond its reasonable control, including acts of God, internet outages, labor disputes, war, terrorism, natural disasters, governmental actions, cloud or hosting failures, model provider outages, payment processor failures, or failures of Third-Party Services.