KROBAR TERMS OF SERVICE

Last updated: 27 July 2025

Trikro LLC ("Krobar", "we", or "us") is dedicated to protecting the privacy of our customers, website visitors, and users of our services.

These Terms of Service ("Terms") form a legally binding contract between you and Trikro LLC ("Krobar", "we", "us"). They cover your use of the Krobar artificial-intelligence platform ("Platform") and our website ("Website"). Together these are the "Services". Some features are provided as beta or evaluation versions and may change without notice.

If you process EU or UK personal data, you are the data controller and we are your data processor. Section 2A (Data-Processing Terms) below—which incorporates the EU 2021 Standard Contractual Clauses—governs those transfers.

By accessing or using the Services you accept these Terms and our Privacy Policy. Each time you use the Services, the then-current versions apply.

Changes to these Terms We may update these Terms. Changes will take effect immediately.

ARBITRATION NOTICE; WAIVER OF CLASS ACTIONS AND JURY TRIAL

BY USING THE SERVICES, YOU AGREE TO RESOLVE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND WAIVE ANY RIGHT TO A JURY OR CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS—SEE "OPT-OUT" BELOW.

CHANGES TO TERMS

We may change these Terms from time to time. If we do so, we will post the updated Terms on our Website and will indicate when the Terms were last revised. Unless provided otherwise, all changes will be effective immediately upon posting to the Website. You should periodically review our current Terms as well as our Privacy Policy to stay informed of our personal data practices.

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TERMS

1. USE OF THE SERVICES

We grant you a non-exclusive, non-transferable licence to access and use the Services solely for your own internal business or personal purposes and only as permitted by these Terms.

If you use the Services on behalf of a company or other organisation, you confirm that you have authority to bind that organisation; in that case "you" means the organisation.

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to use the Services.

You are responsible for all Internet, telecom and other charges required to access the Services.

Ownership of your Customer Data and Outputs is set out in Section 4 Intellectual Property & Data Ownership.

2. PRIVACY POLICY

Our Privacy Policy is incorporated into these Terms and forms part of our agreement.

By using the Services, you authorise us to collect, use, retain and disclose Personal Information as described in that Policy.

Our current sub-processor list (with 30-day objection right) is published at krobar.ai/sub-processors.

If these Terms ever conflict with the Privacy Policy, these Terms shall prevail except where the Policy grants you greater protection.

Your regional privacy rights (e.g., EU/UK GDPR, California CPRA) and how to exercise them are set out in the Privacy Policy.

2A. DATA-PROCESSING TERMS (EU / UK GDPR)

The clauses below form the data-processing agreement required by Article 28 GDPR and UK GDPR when you upload personal data to the Services.

Roles. You are the controller and Krobar is the processor.

Purpose. Hosting, storage, modelling and simulation of Customer Data.

Duration. For the term of these Terms; 30-day live retention, 7-day encrypted backup retention after deletion.

Sub-processors. Listed at krobar.ai/sub-processors. You may object on reasonable privacy grounds within 30 days of any new listing; if unresolved, you may cancel the affected Workspace for a pro-rated refund.

Security. Krobar applies the technical and organisational measures in Section "Security obligations" of these Terms.

Assistance. Krobar will assist with data-subject requests, DPIAs and breach notifications as required by law.

International transfers. Transfers to the U.S. rely on (1) the EU–US Data-Privacy Framework, and—where it does not apply—(2) the EU 2021 Standard Contractual Clauses, Module 2, with Netherlands governing law (Clause 17 Option 1), which are hereby incorporated by reference.

Deletion/return. Within 30 days after workspace deletion Krobar will delete or return Personal Data, then wipe backups 7 days later.

Controller warranties. You will not upload special-category data or children's data prohibited under Section "Prohibited inputs".

3. ARTIFICIAL INTELLIGENCE FEATURES

3.1 What the AI does – The Platform includes AI-assisted tools that help you design a mathematical model, suggest parameter ranges, and calculate probability distributions for uncertain inputs. The AI does not provide investment, financial-planning, or business-advice services, nor does it guarantee any forecast or outcome.

3.2 Your inputs, your responsibility – The AI's suggestions and any simulation results ("Outputs") are generated solely from the data, assumptions, and parameters that you or your team supply. If those inputs are wrong, incomplete, or unrealistic, the Outputs will inherit those flaws. You are responsible for validating all inputs and interpreting the Outputs.

3.3 No personalised recommendations – Outputs are illustrative and intended to support your own decision-making; they are not personalised recommendations, valuations, or predictions. Krobar does not act as a financial advisor, fiduciary, or broker-dealer.

3.4 Human review required – We strongly recommend that you (and, where appropriate, qualified professionals) review the model structure, inputs, and Outputs before taking any action.

3.5 Uncertainty & limitations The AI may propose parameter ranges or probability distributions based on limited context. Treat these as starting points, not facts. Large-language models can contain errors, omissions, or biases. Use independent sources to cross-check critical values.

3.6 No training on your data – Prompts and Outputs sent to our third-party LLM provider (OpenAI Enterprise API) are not used to train or fine-tune its models and are retained for abuse monitoring for a maximum of 30 days.

3.7 Disclaimer of liability – You acknowledge that: (a) Krobar cannot guarantee the accuracy, completeness, or suitability of any Output; and (b) all decisions based on the Outputs are made at your own risk. Krobar will not be liable for any loss arising from reliance on the Outputs.

3.8 Prohibited inputs – Do not input personal data that could directly identify an individual (names, emails, government IDs) or any special-category data (health, racial origin, etc.). Violating this restriction may lead to suspension or deletion of your Workspace. ("Workspace" means the dedicated Krobar environment tied to an Account or Organisation where Customer Data, Outputs and billing settings are stored and shared among authorised users).

4. INTELLECTUAL PROPERTY & DATA OWNERSHIP

4.1 Customer Data & Outputs. "Customer Data" means all data, models, parameters, text or other materials that you (or anyone acting on your behalf) upload to the Services, together with all simulation results or other outputs generated from that data ("Outputs"). You retain all right, title and interest in and to Customer Data and Outputs.

4.2 Licence to Krobar. You grant Krobar a non-exclusive, worldwide licence to host, copy, process and display Customer Data solely to operate, secure, support and improve the Services. The licence ends when Customer Data is deleted from our systems under Section 7 of the Privacy Policy or upon account deletion.

4.3 Aggregated Statistics. Krobar may create de-identified, aggregated statistics derived from Customer Data ("Aggregated Data") for service improvement, benchmarking and research, provided the Aggregated Data cannot reasonably be used to identify you or any individual.

4.4 Krobar IP. Krobar and its licensors own all intellectual-property rights in the Services, including the underlying software, models, documentation and know-how. Except for the limited licence in 4.2, no rights are granted to you by implication or otherwise.

4.5 Trademarks. "Krobar", the Krobar logos and related marks are Krobar trademarks. You may not use them without our written permission.

4.6 Open-source components. Certain components of the Services are provided under open-source licences; those licences govern your use of those components to the extent they conflict with these Terms.

4.7 No implied rights. Access to the Services does not confer any licence to Krobar or third-party intellectual-property rights except as expressly stated in these Terms. Feedback you submit is licensed to us under Section 8 Feedback.

5. ACCOUNTS

5.1 One user → one login. Each human user must have their own Account; credential sharing is not permitted.

5.2 Organisation accounts and Admins. If you create a Workspace for a company or other organisation ("Organisation"), you are the initial Admin. Admins may invite or remove users, access all data in the Workspace and delete the Workspace entirely. Krobar is not responsible for any actions taken by Admins.

5.3 Security requirements. Choose a strong, unique password and keep it confidential. Keep your contact email current.

5.4 Your responsibility for activity. You are responsible for all activity that occurs under your Account. Notify us at [email protected] within 24 hours if you suspect unauthorized access. We may suspend or disable the Account to protect you and the Services.

5.5 Account suspension. We may suspend or terminate an Account (a) for a security risk, (b) if required by law, or (c) if you materially breach these Terms. We will try to notify you in advance when practical.

5.6 Effects of termination. Upon termination you lose access to the Services and we will delete or anonymise Customer Data in accordance with Section 7 of the Privacy Policy unless legal obligations require otherwise.

6. SUBSCRIPTION SERVICES

6.1 Plans & automatic renewal. All Workspaces run on a monthly or annual Subscription Plan that renews automatically until cancelled.

6.2 Free trials. If you start with a free trial, we will begin charging the applicable Subscription Fee at the end of the trial unless you cancel first.

6.3 Fees & taxes. Prices are stated in U.S. dollars exclusive of sales tax, VAT, GST or similar taxes, which are your responsibility. Card details are processed only by our PCI-compliant payment processor (Stripe or Intuit); Krobar never stores your full card number.

6.4 Billing & non-payment. We charge the payment method on file on the 1st of each billing cycle. If a payment fails and remains unpaid for 10 days, we may suspend access until the balance is cleared (and may pass through any bank-charge recovery fee).

6.5 Price changes. We may change Subscription Fees with 30 days' advance email notice. If you do not agree to the new price, cancel before it takes effect.

6.6 Cancellation & refunds. Cancel any time by emailing [email protected]. Your Workspace stays active until the end of the current billing period. We will pro-rate a refund for the unused portion of that period within 14 days.

6.7 Annual-plan reminders. For annual plans we will email you a renewal reminder 30 days before renewal. If you do not cancel before the renewal date, the plan renews for an additional year.

6.8 Service credits = sole remedy. Your sole remedy for any interruption, feature reduction, or other Service issue is (at our discretion) a pro-rated credit or refund of the Subscription Fee covering the affected period.

6.9 Taxes & withholding. If any taxes must be withheld from payments to Krobar, you will increase the amount payable so that Krobar receives the full Subscription Fee net of withholding.

6.10 No circumvention. You agree not to avoid Subscription Fees by sharing accounts or otherwise misrepresenting usage.

7. COMPLIANCE WITH LAWS & ACCEPTABLE-USE POLICY

7.1 General compliance. You must use the Services in full compliance with (a) all applicable laws, regulations and industry standards—including export-control, sanctions, anti-bribery/anti-corruption and privacy laws—and (b) this Acceptable-Use Policy ("AUP").

7.2 Prohibited content & activities. You agree not to use the Services to:

7.3 Security obligations. You must implement reasonable security controls for any data you download from the Services and notify us at [email protected] within 24 hours of discovering any security breach affecting the Services or Customer Data.

7.4 Export controls & sanctions. You represent that you (a) are not located in, and will not access the Services from, any country or region subject to a comprehensive U.S. embargo, and (b) are not on any U.S. or EU government restricted-party list. You will not export, re-export or transfer the Services to any prohibited destination, entity or end user.

7.5 Enforcement. We may remove content, suspend or terminate accounts, or block access to the Services if we believe you have violated this AUP or any law. We will endeavour to notify you unless legally prohibited.

7.6 Reporting violations. To report prohibited content or behaviour, email [email protected] with a description and relevant evidence. We review all reports and take appropriate action.

7.7 Changes to this AUP. We may modify this AUP with 30 days' notice. Material changes will be posted on our Website and emailed to account holders.

8. FEEDBACK

Krobar welcomes comments regarding the Services. If you submit comments or feedback regarding the Services to us, they will not be considered or treated as confidential. We may use any comments and feedback that you send us at our discretion and without attribution or compensation to you. To the fullest extent allowed by law, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such feedback in any manner, including in connection with our operations.

9. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

9.1 Our policy. Krobar respects intellectual-property rights and will remove infringing material when properly notified. We also terminate accounts of repeat infringers in appropriate circumstances.

9.2 How to submit a notice. If you believe content on the Services infringes your copyright, please send a written DMCA notice to our Copyright Agent (details below). Your notice must include:

9.3 Counter-notice. If we remove your content, you may submit a counter-notice under § 512(g). We will forward it to the original claimant and restore the material in 10–14 business days unless the claimant files suit.

9.4 Publication. We may publish, red-line or forward complete notices and counter-notices (including any personal information contained therein) to third parties such as the Lumen Database.

9.5 Copyright Agent

Kromatic
Attn: DMCA Agent
1 Hawthorne Street, Suite 9A
San Francisco, CA 94105
[email protected]

10. DISCLAIMER OF WARRANTIES

10.1 AS-IS SERVICE. The Services (including all AI features and Outputs described in Section 3) are provided "as is" and "as available." To the maximum extent allowed by law, we disclaim all express or implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.

10.2 No advice. The Services, including any simulations or Outputs, do not constitute accounting, investment, legal or other professional advice. You must evaluate all Outputs independently before relying on them.

10.3 Statutory rights preserved. Nothing in these Terms excludes or limits any warranty, guarantee or right that cannot be excluded under applicable consumer-protection laws.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

11.1 Cap. Our aggregate liability arising out of or relating to the Services or these Terms, regardless of the theory of liability, is limited to the greater of (i) US $1000 or (ii) the total Subscription Fees you paid us in the 6 months before the event giving rise to the claim.

11.2 Excluded damages. We will not be liable for any indirect, special, incidental, consequential or punitive damages, including lost profits, lost data, loss of goodwill or costs of substitute services, even if we have been advised of the possibility of such damages.

11.3 Carve-outs. These limits do not apply to liability for (a) death or personal injury caused by our negligence, (b) our gross negligence, wilful misconduct or fraud, or (c) any liability that cannot be excluded under applicable law.

12. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Krobar, its officers, directors, employees and agents ("Krobar Parties") from and against any third-party claim, demand or action ("Claim") arising out of or related to:

You will pay all reasonable costs, damages and expenses (including attorneys' fees) incurred by the Krobar Parties in connection with such Claim. Krobar reserves the right to assume the exclusive defence and control of any Claim subject to indemnification, and you agree to cooperate with that defence.

13. DISPUTE RESOLUTION — PLEASE READ CAREFULLY

13.1 Binding individual arbitration. Any dispute or claim arising out of or relating to these Terms or the Services ("Dispute") will be resolved by binding arbitration on an individual basis under the Federal Arbitration Act ("FAA") and the Consumer Arbitration Rules of the American Arbitration Association ("AAA"). You and Krobar waive any right to a jury trial or to participate in a class, collective or mass action.

13.2 Exceptions. Either party may (i) bring an individual claim in small-claims court; or (ii) seek injunctive relief to protect intellectual-property rights.

13.3 30-day opt-out. If you prefer not to arbitrate, email [email protected] with subject line "Arbitration Opt-Out" and your account email within 30 days of first accepting these Terms. Opting out keeps all other Terms in force.

13.4 Good-faith resolution first. Before starting arbitration, the complaining party must send a written notice describing the Dispute and requested relief to [email protected]. The parties will try to resolve the Dispute in good faith for 60 days. If we can't, either party may start arbitration.

13.5 Process & fees.

13.6 Confidentiality. Arbitration proceedings and awards are confidential except to enforce the award or as required by law.

13.7 Severability. If any part of this Section 13 is found unenforceable, the remainder will still apply; however, if the class-action waiver is found invalid, this entire Section 13 will be void.

13.8 Consumers outside the U.S. Mandatory arbitration may not apply where prohibited by local law; in that case, disputes will be resolved in the courts specified in Section 14 (Governing Law).

14. GOVERNING LAW & VENUE

14.1 Primary law. These Terms and all non-arbitrable disputes are governed by the laws of the State of California, U.S.A., without regard to its conflict-of-laws rules.

14.2 Jurisdiction. Except for claims that must or may be brought in small-claims court or in arbitration under Section 13, the state and federal courts located in San Francisco, California will have exclusive jurisdiction. You and Krobar consent to those courts and waive any objection to inconvenient forum.

14.3 Mandatory consumer protections. If you reside outside the United States and local consumer-protection law requires that your contract be governed by your home law and/or permits you to bring proceedings in your home courts, paragraph 14.1 does not deprive you of those mandatory rights.

14.4 U.N. Convention excluded. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

15. THIRD-PARTY LINKS

The Services may contain links to websites, software or services that we do not own or control ("Third-Party Services").

15.1 No endorsement. A link does not mean we endorse or are affiliated with the Third-Party Service.

15.2 At your own risk. You access any Third-Party Service entirely at your own risk. Its terms, privacy policy and security practices apply—not these Terms.

15.3 No liability. Krobar is not responsible or liable for any damage, loss or claim arising from your use of a Third-Party Service.

15.4 Outbound-link compliance (EU/UK). If a linked site requests your personal data, that site is the data controller for that collection. Review its privacy notice before providing information.

If you believe a linked site hosts unlawful content, please notify us at [email protected].

16. COOPERATION WITH LAW ENFORCEMENT

We may disclose Account or Customer Data to law-enforcement agencies if required by law or subpoena, subject to our Privacy Policy and, where applicable, the Data-Processing Addendum.

You release Krobar from liability for such disclosures except to the extent caused by our wilful misconduct.

17. UNAVAILABILITY OF THE SERVICES

The Services may be unavailable due to planned maintenance, emergency outages or factors outside our control (e.g., network failures, force-majeure events, malicious attacks).

We aim for reasonable uptime but do not guarantee uninterrupted service. Your sole remedy for unavailability is the service-credit described in Section 6.8.

18. ELECTRONIC COMMUNICATIONS

We will send legal and service notices to the email address in your profile or display them in-product.

You agree that all electronic communications satisfy any legal requirement that such communications be in writing.

Official notices to Krobar must be emailed to [email protected] and sent by courier to:

Kromatic
ATTN: Legal
1 Hawthorne Street, Suite 9A
San Francisco, CA 94105

Notices are deemed received on the next business day after delivery.

19. NOTICE FOR INTERNATIONAL USERS

Krobar is controlled and operated from the United States.

If you access the Services from outside the U.S., you are responsible for compliance with local laws.

For EU/UK residents, please contact [email protected]

20. MISCELLANEOUS

20.1 Termination. We may suspend or terminate the Services or your Account for material breach or security risk; you may terminate at any time via Settings.

20.2 Assignment. Krobar may assign these Terms; you may not assign them without our written consent.

20.3 No third-party beneficiaries. Except as expressly stated, these Terms create no third-party rights.

20.4 Entire agreement. These Terms, the Privacy Policy, and any linked documents are the entire agreement and supersede all prior agreements relating to the Services.

20.5 Severability; waiver. If any provision is unenforceable, the remainder stays in force. Failure to enforce a provision is not a waiver.

20.6 Survival. Sections concerning intellectual property, privacy, indemnification, limitation of liability, dispute resolution and any other provisions that by their nature should survive, survive termination.

21. CONTACT US

If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact Krobar with questions or comments regarding these Terms at:

Kromatic
[email protected]
ATTN: Legal
1 Hawthorne Street, Suite 9A
San Francisco, CA 94105