Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website getkapex.ai, the KAPEX waitlist, beta program, and related services (collectively, the "Service") provided by Sandstone Cloud, LLC ("Sandstone Cloud," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

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1. Use of the Service

You may use the Service only in compliance with these Terms and all applicable laws and regulations. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Submit false or misleading information when registering for the waitlist or beta program
• Attempt to gain unauthorized access to the Service, its servers, or any related systems
• Interfere with or disrupt the integrity or performance of the Service
• Use automated means (bots, scrapers, etc.) to access the Service without our written consent
• Reverse engineer, decompile, or disassemble any part of the Service

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice.

2. Waitlist and Beta Registration

By joining the KAPEX waitlist or registering for beta access, you acknowledge and agree that:

• Waitlist registration does not guarantee access to KAPEX or any beta program
• We may grant beta access at our sole discretion, based on factors including but not limited to signup order, use case fit, and capacity
• Beta software is provided "as is" and may contain bugs, errors, or incomplete features
• Beta access may be revoked at any time without notice
• You agree not to publicly disclose performance data, benchmarks, or non-public features of the beta without our prior written consent
• We may contact you at the email address you provide regarding waitlist status, beta access, product updates, and related communications

3. Intellectual Property

The Service and its entire contents, features, and functionality — including but not limited to all information, software, code, text, displays, graphics, photographs, and design — are owned by Sandstone Cloud, LLC, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

KAPEX and memoryware are trademarks of Sandstone Cloud, LLC. You may not use these marks without our prior written permission. All other trademarks, service marks, and trade names referenced in the Service are the property of their respective owners.

Sandstone Cloud has filed provisional patent applications covering the core technology underlying KAPEX, including its salience scoring architecture, temporal decay model, and hierarchical memory systems. All rights are reserved.

4. User Content

If you submit any information to us through the Service (such as feedback, suggestions, or ideas about the product), you grant Sandstone Cloud a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, and distribute that content for any purpose related to the Service. You represent that you have the right to submit such content and that it does not violate any third party's rights.

5. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the practices described in the Privacy Policy.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SANDSTONE CLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR ITS CONTENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SANDSTONE CLOUD, LLC, ITS CO-FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

8. Indemnification

You agree to defend, indemnify, and hold harmless Sandstone Cloud, LLC and its co-founders, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in the Commonwealth of Virginia, and you consent to the personal jurisdiction of such courts.

10. Modifications to the Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on the Service with a revised effective date. Your continued use of the Service after the posting of revised Terms constitutes your acceptance of the changes.

11. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

12. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Sandstone Cloud, LLC regarding your use of the Service, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

13. Contact Us

If you have any questions about these Terms, please contact us:

Sandstone Cloud, LLC
support@sandstonecloud.com