Kapow Terms of Use and Proprietary Software License

Last updated: August 20, 2026

You must be at least 18 and legally capable of entering a binding agreement. If you use the Service for an organization, you represent that you can bind it, and “you” includes that organization. You may not use the Service where prohibited by law, including applicable export-control and sanctions laws.

These Terms incorporate the Kapow Privacy Policy, Part II below, and applicable order forms. A signed enterprise agreement controls an express conflict. Open-source licenses control the code and materials they cover; Part II controls Kapow proprietary software; these Terms otherwise control the Service and commercial relationship.

2. The Service and Third-Party AI Providers

Kapow helps users configure AI agents, organize work, coordinate workflows, retain operational context, and review or approve actions. Features may include local software, hosted account and subscription services, and integrations.

Kapow may connect to third-party AI services you select, including Anthropic and OpenAI services. Kapow provides the environment and orchestration for using those services; it does not provide or resell your third-party account, subscription, API access, or model service. When you use a provider-backed feature, the prompts, instructions, files, context, credentials, and technical information needed to perform the request may be sent from your device to that provider.

Kapow is independent from those providers and does not control their models, outputs, availability, security, pricing, retention, training practices, or policies. Your use of a third-party service is governed by that provider’s current terms, privacy policy, usage policies, plan limits, and charges. You are responsible for required third-party accounts, subscriptions, credentials, permissions, settings, and compliance.

3. Accounts and Security

You must provide accurate information and protect your credentials, sessions, license keys, devices, and recovery methods. You are responsible for account activity except to the extent caused by Kapow’s breach of these Terms. Organization administrators are responsible for user access, roles, integrations, and offboarding.

Promptly notify contact@gokapow.com if you reasonably believe an account, license key, or the Service has been compromised. Kapow may rotate credentials, revoke keys or sessions, or temporarily restrict access to protect users or the Service.

4. Subscriptions, Billing, Cancellation, and Refunds

Current plans, features, limits, prices, billing intervals, taxes, and trials are displayed on the pricing page or at checkout. The terms shown at purchase are part of your order. Paid subscriptions renew automatically until canceled, and you authorize recurring charges and applicable taxes.

Stripe processes payment-card information; Kapow does not receive your complete card number. You may cancel through available account controls or by contacting contact@gokapow.com. Unless checkout terms, an enterprise agreement, or mandatory law provide otherwise, cancellation takes effect at the end of the current paid period and fees already paid are non-refundable.

Price changes apply no earlier than a renewal after advance notice required by law. Mandatory consumer cancellation, refund, and withdrawal rights remain unaffected.

5. AI Agents, Powerful Tools, and Your Responsibility

AI agents can make mistakes, misunderstand instructions, produce inaccurate output, expose information, or take unintended actions. Depending on permissions you grant, agents may run commands, read or change files, use credentials, call APIs, browse websites, communicate with third parties, incur charges, or affect external systems.

You are responsible for:

• reviewing plans, outputs, and proposed actions before relying on or approving them;
• granting only the minimum necessary permissions and credentials;
• supervising agents and stopping or correcting unsafe behavior;
• maintaining tested backups and recovery procedures;
• requiring qualified human review for high-impact decisions;
• obtaining required notices, consents, and permissions; and
• complying with law, organizational policies, and third-party terms.

6. Acceptable Use and Security Rules

You must not use the Service to violate law or rights; commit fraud; distribute malware; facilitate unauthorized access; harass, exploit, impersonate, or deceive; circumvent account, entitlement, rate, authentication, license, or security controls; access non-public systems or APIs without authorization; disrupt infrastructure; share access outside purchased limits; or violate an applicable AI provider’s usage policy.

Do not probe, scan, or test Kapow systems without prior written authorization except where non-waivable law permits it. Good-faith security research requires written scope from contact@gokapow.com.

7. Privacy, Local Data, and Third-Party Services

The Kapow Privacy Policy describes personal information processed by the website, accounts, subscriptions, license services, analytics, support channels, and hosted features.

Kapow is designed so core operational project data can remain on your device. The desktop application also keeps local account state, settings, histories, browser profiles, and other information needed for enabled features. Data may leave your device when you direct an agent or integration to contact a third party, use a hosted feature, submit information, authenticate, validate a license, check for or download updates and components, or consent to website analytics. You authorize transmission to a third party when you configure, approve, or use a feature or integration that requires it.

Third-party services are governed by their own terms and privacy practices. Kapow is not responsible for third-party services except where applicable law requires otherwise.

8. User Content and Feedback

You retain ownership of your content and represent that you have the rights required to use it. You grant Kapow a limited, worldwide, non-exclusive license to host, process, transmit, and display content only as reasonably necessary to provide requested features, secure and support the Service, comply with law, and enforce these Terms. The license ends when the relevant content is deleted from Kapow-controlled systems, subject to backups and legal retention.

If you voluntarily submit feedback, you grant Kapow a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use and commercialize it without restriction or compensation. Feedback does not include private project files, credentials, agent content, or other user content.

9. Service Changes, Suspension, and Termination

Kapow may add, change, suspend, or discontinue features, integrations, limits, or platforms, with notice where required. Kapow may suspend or terminate access for material breach, nonpayment, fraud, unlawful activity, security risk, misuse, or conduct that threatens the Service or another person. Immediate action may be taken for urgent risk; otherwise, notice and an opportunity to cure will be provided where reasonably practicable.

After termination, your right to use Kapow proprietary software and hosted features ends. Independently granted rights in specifically identified open-source components continue under their applicable licenses. Provisions that by nature should survive—including ownership, restrictions, confidentiality, disclaimers, liability limits, indemnity, disputes, and accrued rights—survive.

10. Disclaimers, Limitation of Liability, and Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND KAPOW PROPRIETARY SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KAPOW DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AVAILABILITY, AND ERROR-FREE OPERATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAPOW AND ITS OWNERS, AFFILIATES, LICENSORS, CONTRIBUTORS, PERSONNEL, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS; BUSINESS INTERRUPTION; SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM AI OUTPUTS, AGENT ACTIONS, THIRD-PARTY SERVICES, CREDENTIALS, OR SYSTEM ACCESS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID KAPOW DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR US$100.

These exclusions do not apply to liability or rights that cannot lawfully be excluded. To the extent permitted by law, if you use the Service for a business or organization, you will defend and indemnify Kapow and its owners, affiliates, licensors, contributors, and personnel against third-party claims arising from your content, agents, integrations, unlawful use, breach of these Terms, or violation of third-party rights.

11. Governing Law and Disputes

Before filing a formal claim, each party will give written notice and attempt in good faith for at least 30 days to resolve it. Notices to Kapow must be sent to contact@gokapow.com with the subject line “Legal Notice.”

Except where mandatory law requires otherwise, Delaware law governs without regard to conflict-of-law rules, and court proceedings must be brought in a court with jurisdiction in Delaware. To the extent permitted by law, disputes must be resolved individually, not as a class, collective, consolidated, or representative action. Eligible small-claims proceedings and urgent injunctive relief for intellectual property, confidentiality, or security misuse are not restricted.

If you are a consumer, this section does not deprive you of non-waivable protections or courts available under mandatory law where you live.

12. General Provisions

• Changes. Material changes apply prospectively after reasonable notice or the notice required by law.
• Assignment. You may not assign these Terms without written consent. Kapow may assign them with a reorganization, financing, merger, acquisition, or relevant business transfer.
• Severability. An unenforceable provision will be enforced to the maximum lawful extent; the rest continue.
• No waiver. Failure to enforce a provision is not a waiver.
• Force majeure. Kapow is not liable for delay or failure caused by events beyond reasonable control.
• Entire agreement. These Terms, the Privacy Policy, Part II, applicable open-source licenses, order forms, and signed enterprise agreements are the complete agreement regarding the Service.
• Contact. contact@gokapow.com.

This Part II governs only Kapow proprietary software and technology. It does not govern components specifically identified as open source.

13. Definitions and Ownership

“Proprietary Software” means the non-open-source portions of Kapow, including applicable code, executables, proprietary APIs, interfaces, architecture, workflows, orchestration logic, prompts and configurations, memory and task systems, account and entitlement systems, user interfaces, designs, documentation, deployment mechanisms, tests, updates, and non-public technical materials. “Kapow Proprietary Technology” includes that software and related non-public methods, trade secrets, confidential information, and know-how.

Kapow and its licensors retain all right, title, and interest in Kapow Proprietary Technology. No ownership is transferred. All rights not expressly granted are reserved. Publication, deployment, accessibility, accidental disclosure, or technical exposure does not place proprietary material in the public domain or grant an open-source license.

14. Open-Source Components

Components specifically identified as open source remain governed exclusively by their applicable licenses. Integrating or bundling an open-source component with Kapow does not change the license of either component except where the applicable open-source license expressly requires otherwise.

15. Limited License Grant

Subject to these Terms, payment, and plan limits, Kapow grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during authorized access to install and use the Proprietary Software for personal use or your organization’s internal business purposes.

16. Proprietary Restrictions

Except as authorized in writing or required by non-waivable law, you may not copy beyond technically necessary copies; modify; create derivative works; distribute; disclose; sublicense; sell; rent; lease; lend; assign; transfer; host for third parties; remove proprietary notices; bypass license or entitlement controls; or use the Proprietary Software outside granted limits.

17. Reverse Engineering and Automated Reconstruction

To the maximum extent permitted by law, you may not reverse engineer, decompile, disassemble, decode, reconstruct, derive source code from, discover non-public APIs or protocols from, or systematically extract non-public algorithms, schemas, architecture, orchestration logic, prompts, configurations, authentication systems, licensing systems, or trade secrets.

You may not use Kapow Proprietary Technology, non-public materials, or systematic observations of proprietary behavior to train, fine-tune, distill, benchmark, or assist an AI system for the purpose of reproducing, substituting for, or competing with proprietary Kapow functionality. This does not prohibit lawful independent development or rights granted by an open-source license.

18. Confidential Materials, Termination, and Remedies

Non-public source code, credentials, security information, architecture, proprietary prompts, roadmaps, specifications, unreleased features, and internal technical materials are confidential. Protect them with reasonable care, use them only for the authorized purpose, and do not disclose them to unauthorized persons.

The proprietary license ends when authorized access ends or you materially breach it. Stop using the Proprietary Software and delete unauthorized copies under your control. Open-source rights are unaffected. To the extent permitted by law, Kapow may seek injunctive relief for unauthorized copying, disclosure, distribution, circumvention, or misuse.

Part I’s disclaimers, liability limits, indemnity, dispute terms, severability, and survival provisions apply to this license. For additional rights, contact contact@gokapow.com.

Kapow proprietary components are proprietary software. Components specifically identified as open source remain governed by their applicable open-source licenses.