TERMS OF SERVICE

Kai — AI Music Teacher

Effective Date: 8/28/2026  |  Last Updated: 8/28/2026

These Terms of Service ("Terms") govern your access to and use of the Kai mobile application, web application, and related services (collectively, the "Service"), provided by Kai Development ("Kai," "Company," "we," "us," or "our"), operated by Austin Phillips. By creating an account or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are under the age of majority in your jurisdiction, a parent or legal guardian must accept these Terms on your behalf and supervise your use of the Service, as described in Section 12.

1. The Service

Kai is an AI-powered music education platform designed to act as a persistent, personalized music teacher. The Service may include a conversational AI interface, real-time audio listening and feedback (via microphone or connected MIDI instrument), structured lesson plans and exam-prep curriculum, progress tracking, and a customizable AI persona. Features available to you may vary depending on your subscription plan, device, and platform.

Kai is a supplementary learning tool and is not a substitute for a licensed, in-person music instructor, and we make no guarantee of specific outcomes, exam results, or skill progression.

2. Accounts

•          You must provide accurate and complete information when creating an account and keep it up to date

•          You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account

•          You must notify us promptly at a.phillipsmusik@gmail.com if you suspect unauthorized use of your account

•          Accounts are personal to you and may not be sold, transferred, or shared, except as expressly permitted for family or parent/guardian accounts

3. Subscriptions and Payment

•          Certain features of the Service require a paid subscription, billed on a recurring basis (e.g., monthly or annually) at the rate displayed at the time of purchase

•          Subscriptions automatically renew at the end of each billing period unless canceled prior to renewal

•          You may cancel your subscription at any time through your account settings or through the app store (Apple App Store / Google Play) through which you subscribed; cancellation takes effect at the end of the current billing period

•          Except where required by law, fees are non-refundable, including for partial billing periods or unused features

•          We may change subscription pricing prospectively, with notice provided before the change takes effect for existing subscribers

•          If you subscribed through a third-party app store, that store's payment terms and refund policies also apply

4. Acceptable Use

You agree not to:

•          Use the Service for any unlawful purpose or in violation of any applicable law or regulation

•          Attempt to reverse-engineer, decompile, or extract the underlying source code, models, or curriculum design of the Service

•          Use automated means (bots, scrapers, etc.) to access or interact with the Service without our prior written permission

•          Upload or transmit content that is unlawful, abusive, harassing, hateful, sexually explicit, or otherwise objectionable, particularly given that the Service may be used by minors

•          Attempt to interfere with, disrupt, or gain unauthorized access to the Service, other users' accounts, or our systems

•          Use the Service to build, train, or improve a competing product

•          Impersonate any person or entity, or misrepresent your affiliation with any person or entity

We may suspend or terminate accounts that violate this section, at our discretion, with or without notice.

5. User Content

"User Content" means any audio, text, messages, or other content you submit to the Service, including recordings of your playing and your conversations with Kai. You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and analyze it solely to provide, maintain, and improve the Service, consistent with our Privacy Policy.

You represent that you have the necessary rights to submit your User Content and that it does not infringe any third party's rights.

6. AI-Generated Content and Feedback

•          Kai's feedback, lesson plans, and conversational responses are generated using artificial intelligence and may occasionally be inaccurate, incomplete, or not perfectly suited to your specific circumstances

•          AI-generated feedback should be treated as a learning aid, not professional or authoritative musical instruction, and should not be relied upon as a substitute for guidance from a qualified human teacher for advanced technique, injury-related concerns (e.g., playing-related pain), or high-stakes exam decisions

•          We continually work to improve the accuracy and quality of Kai's feedback but do not guarantee it will be error-free

7. Intellectual Property

The Service, including the Kai name, persona, branding, software, source code, curriculum, and all related content (excluding your User Content), is owned by Kai Development and Austin Phillips and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms. No other rights are granted.

8. Third-Party Services

The Service may rely on third-party infrastructure, including cloud hosting, AI/language-model providers, and payment processors, to operate. We are not responsible for the availability, accuracy, or performance of third-party services beyond our reasonable control.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT GUARANTEE ANY SPECIFIC LEARNING OUTCOME, SKILL IMPROVEMENT, OR EXAM RESULT FROM USE OF THE SERVICE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAI DEVELOPMENT AND AUSTIN PHILLIPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Kai Development and Austin Phillips from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.

12. Children and Parental Consent

Kai is designed to be used by music students of many ages, including children, typically with the involvement of a parent, guardian, or music teacher who creates and manages the account. If you are creating an account for a child under the age of 13 (or the relevant age of digital consent in your jurisdiction), you represent that you are that child's parent or legal guardian and that you consent to these Terms and our Privacy Policy on the child's behalf. Parents and guardians are responsible for supervising a minor's use of the Service.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or harmful conduct, or for any other reason at our discretion. Upon termination, your right to use the Service ends immediately; Sections 5, 7, 9, 10, and 11 survive termination.

14. Changes to the Service and These Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms from time to time; if we make material changes, we will provide notice through the app or by email before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Alameda County, California, and you consent to the personal jurisdiction of those courts. [OPTIONAL: Add a binding arbitration and class-action waiver clause here if desired — recommend reviewing with an attorney before including.]

16. General Provisions

•          Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kai Development regarding the Service

•          Severability: If any provision is held unenforceable, the remaining provisions remain in full force and effect

•          No Waiver: Our failure to enforce any provision does not waive our right to enforce it later

•          Assignment: You may not assign these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets

•          Contact: Questions about these Terms can be directed to [SUPPORT CONTACT EMAIL]

17. Contact Us

Kai Development

Attn: Austin Phillips

Email: a.phillipsmusik@gmail.com