Kunobi Pre-Release License Agreement

Effective Date: 23.12.2025

Version: Kunobi Pre-Release License 1.0

Provider: Zondax AG, Dammstrasse 16, Zug, Switzerland (operating under the Kunobi brand, "we", or "us")

1. Introduction

This Pre-Release License Agreement ("Agreement") governs your use of the Kunobi pre-release software ("Software"), a product developed and owned by Zondax AG (Zug, Switzerland) and marketed under the Kunobi brand.

The Software includes related documentation, executable files, updates, and builds provided under this Agreement.

By using the Software, you agree to the terms of this Agreement. If you do not agree, do not use the Software.

This license does not transfer any ownership or intellectual property rights in the Software.

"You" or "your" refers to the individual or legal entity (including corporations, partnerships, or other organizations) accessing or using the Software. If you are using the Software on behalf of an organization, you represent that you have authority to bind that organization to this Agreement.

2. Pre-Release Software Disclaimer

The Software is pre-release software provided solely for testing and evaluation. It is not intended for production or mission-critical Kubernetes clusters. You understand and agree that:

The Software may contain bugs, defects, or incomplete features.
It may fail to operate correctly or cause system instability.
It may be modified, updated, or discontinued at any time without notice.

Use of the Software is entirely at your own risk.

3. License Grant

Zondax AG grants you a limited, non-exclusive, non-transferable, revocable license to use the Software during the pre-release phase for testing, evaluation, and internal demonstration purposes.

You may also deploy or use the Software in a commercial or production environment, but at your own risk; pre-release software may cause unexpected behavior, data loss, or downtime. No support, service levels, or warranties apply to such use.

Zondax AG accepts no liability for any issues, damages, or losses resulting from such use.

You may not:

Reverse-engineer, decompile, or modify the Software.
Rent, resell, sublicense, or distribute the Software to third parties.

4. Feedback

By submitting feedback, you grant Zondax AG a perpetual, worldwide, royalty-free, and irrevocable license to use, reproduce, modify, and incorporate that feedback into Kunobi or other products and services, without any obligation or compensation to you.

Feedback can be submitted via email to feedback@kunobi.ch.

5. No Support Obligation

Zondax AG has no obligation to provide maintenance, technical support, or updates for the Software during the pre-release phase. Any updates or fixes are offered at Zondax AG's sole discretion.

6. Data and Privacy

The Software does not collect any data, logs, or telemetry by default.

Any optional diagnostic or usage data collection will occur only if you enable it.

If enabled, such data may include non-personal technical metrics (e.g., performance statistics or error logs) and will be used solely to improve the Software. See the privacy policy at https://kunobi.ninja/privacy/app/prerelease.

No cluster credentials, manifests, or other sensitive data will be transmitted or stored without your consent.

7. AI-Assisted Features

The Software may include optional AI-assisted features that process content you provide or make accessible. When enabled:

Content may be transmitted to third-party AI service providers to deliver the feature.
AI-generated responses are provided "as is" and may be inaccurate, incomplete, or unsuitable for your use case.
You are responsible for reviewing and validating any AI-generated suggestions before use.
See our Privacy Policy for details on how content is handled.

These features are optional and can be disabled at any time in the App settings.

8. No Warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

ZONDAX AG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You acknowledge that use of pre-release software carries inherent risks.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZONDAX AG, ITS DEVELOPERS, AND CONTRIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES -- INCLUDING LOSS OF DATA, PROFITS, OR CLUSTER AVAILABILITY -- ARISING FROM OR RELATING TO USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your exclusive remedy for any issue with the Software is to cease using it.

10. Indemnification

You agree to indemnify, defend, and hold harmless Zondax AG, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

Your use or misuse of the Software;
Your violation of this Agreement;
Your violation of any applicable law or third-party rights.

11. Termination

This Agreement remains in effect until terminated by either party. You may terminate it at any time by uninstalling and ceasing all use of the Software.

Zondax AG may, at its discretion, end the pre-release phase, revoke this license, discontinue the Software or any related services, or discontinue updates or support at any time. Upon written notice, you agree to stop using and remove the Software from your systems if requested. You are not obligated to uninstall the Software unless specifically requested in writing by Zondax AG.

Nothing in this Agreement grants Zondax AG the ability to disable or remotely control the Software on your device.

12. Assignment

You may not assign, transfer, or sublicense this Agreement or any rights granted hereunder without the prior written consent of Zondax AG. Zondax AG may freely assign this Agreement, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

13. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

14. Modifications to Agreement

Zondax AG reserves the right to modify this Agreement at any time. Updated terms will be posted at https://kunobi.ninja/eula/prerelease with a revised "Effective Date."

For material changes, we will provide notice through the Software or via email (if provided). Your continued use of the Software after such notice constitutes acceptance of the modified terms. If you do not agree to the updated terms, you must discontinue use of the Software.

15. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Zug, Switzerland.

16. Entire Agreement

This Agreement constitutes the entire understanding between you and Zondax AG regarding the Kunobi Pre-Release Software and supersedes any prior agreements or communications.

By using the Software, you confirm that you have read, understood, and agreed to the terms of this Kunobi Pre-Release License Agreement.