Terms of Service
These Terms of Service ("Terms") govern your access to and use of the products and services offered by KAI Solutions LLC ("KAI Solutions," "we," "us," or "our"), including PopKit (each, a "Service"). By creating an account or using a Service, you agree to these Terms.
1. Who We Are
KAI Solutions LLC is a Missouri limited liability company based in Kansas City, MO. Learn more at https://www.kai-powered.com. Questions about these Terms can be directed to contact@kai-powered.com.
2. General Terms (All KAI Solutions Products)
2.1 Eligibility
You must be at least 18 years old to create an account and use our Services. If you are using a Service on behalf of an organization (e.g., a Team account), you represent that you have authority to bind that organization to these Terms.
2.2 Accounts
You are responsible for maintaining the confidentiality of your account access (sign-in codes sent to your email) and for all activity under your account. Notify us immediately at contact@kai-powered.com of any unauthorized use.
2.3 Acceptable Use
You agree not to:
- Use a Service for any unlawful purpose or in violation of these Terms;
- Attempt to circumvent usage limits, quotas, or entitlement checks (including via multiple accounts, automated/scripted access, or other means designed to defeat a paid tier's limits);
- Reverse-engineer, decompile, or attempt to extract the source code of a Service, except where such restriction is prohibited by applicable law;
- Interfere with or disrupt the integrity or performance of a Service or its underlying infrastructure;
- Upload or submit content you do not have the right to submit, or content that infringes the rights of others.
We may suspend or terminate your account, at our sole discretion, without prior notice and without providing an explanation, if we determine that your account is being used abusively or in violation of these Terms — whether that use was intentional or unintentional on your part. This includes, without limitation, the abusive/circumventing conduct described above.
2.4 Payment and Billing
Paid features are billed through Stripe, our third-party payment processor, and are subject to the pricing and billing terms displayed to you at the time of purchase. Subscriptions renew automatically at the then-current price for the billing cycle you selected (monthly or annual, where offered) until canceled. You may cancel at any time; cancellation takes effect at the end of the current billing period. All purchases are final and non-refundable, and we do not prorate charges for partial billing periods, except as required by applicable law.
Usage-based allotments (e.g., a monthly appraisal limit) do not roll over to a future billing period unless explicitly stated otherwise for a specific purchase.
2.5 Intellectual Property
We (and our licensors) retain all right, title, and interest in and to the Services, including all associated intellectual property. You retain ownership of content you submit (e.g., photos you upload), and grant us a limited license to process that content solely to provide the Service to you (see the Privacy Policy for how specific product features use your content).
2.6 Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. See PopKit-specific disclaimers below (Section 3.1), which are more detailed and specific to that product's function.
2.7 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAI SOLUTIONS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAI SOLUTIONS LLC'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO KAI SOLUTIONS LLC FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) FIFTY U.S. DOLLARS ($50).
2.8 Governing Law and Dispute Resolution
These Terms are governed by the laws of Missouri, without regard to its conflict-of-laws principles.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of a Service shall be resolved exclusively through binding arbitration, rather than in court, except that either party may bring an individual claim in small claims court where jurisdictionally appropriate. The arbitration shall be administered by an arbitration provider selected by KAI Solutions LLC, in accordance with that provider's rules then in effect, and shall take place in Kansas City, Missouri.
Fees. The arbitration provider's administrative and filing fees shall be split equally between you and KAI Solutions LLC. Each party shall otherwise be responsible for its own attorneys' fees and costs, except as the arbitrator may otherwise award as permitted by applicable law.
Class Action Waiver. You and KAI Solutions LLC each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
2.9 Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated to you (e.g., via in-app notice or email) before they take effect. Continued use of a Service after changes take effect constitutes acceptance of the revised Terms.
2.10 Termination
You may stop using a Service and close your account at any time. As described in Section 2.3, we may suspend or terminate your access to a Service at our sole discretion, with or without prior notice, and without obligation to provide an explanation.
3. PopKit-Specific Terms
3.1 Nature of the Service — Informational Only
PopKit is an informational tool, not a professional appraisal or authentication service. By using PopKit, you acknowledge and agree that:
- PopKit does not authenticate items or guarantee the genuineness of any item;
- Identification, pricing, and market value information is generated by AI and provided as estimates only, based on available data at the time of the request — it is not guaranteed to be accurate, complete, or current;
- Authenticity concern flags are informational only. A flag does not constitute authentication of a problem, and the absence of a flag does not mean an item is authentic. Sophisticated counterfeits may not trigger any flag.
- You should seek professional authentication from a qualified authenticator, brand boutique, or accredited authentication service before making any significant purchase, sale, or other transaction decision based on information from PopKit.
- Currency conversion figures are AI-generated estimates, not sourced from a live financial data feed, and may differ from actual rates in a real transaction.
PopKit and KAI Solutions LLC assume no liability for decisions made based on information provided by the app, including purchase, sale, valuation, or authentication-related decisions.
3.2 Subscription Tiers and Usage
PopKit offers a free tier and paid subscription tiers, each with a stated monthly usage allotment, as displayed in the app. Paid tiers may also offer usage top-ups and, where applicable, discounted annual billing. Specific current pricing and limits are displayed in the app's Settings screen and are subject to change; material pricing changes will be communicated in advance where required by law.
3.3 Team/Organization Accounts
If you create or join a Team account, you acknowledge that:
- Team usage draws from a single pooled allotment shared by all members;
- The organization's administrator can view aggregate usage counts for each member, but not the content of any member's appraisals or portfolio ("Pops") data;
- Membership in a Team account does not transfer ownership of, or access to, any individual member's own personal subscription or data.
3.4 Local Data Storage and Loss of Data
Your appraisal history and portfolio ("Pops") data are stored locally on your device, not on our servers (see the Privacy Policy, Sections 3.2–3.3). We are not responsible for any loss of this data resulting from uninstalling the app, device loss or damage, operating-system storage management, or similar causes outside our control. You are responsible for exporting or backing up any data you wish to preserve, using the app's built-in export features where available.
3.5 Account Suspension or Termination for Abuse
We may suspend or terminate your access to PopKit, including your ability to make appraisal requests, at our sole discretion and without providing an explanation, if we determine that your account is being used abusively or in a manner inconsistent with these Terms — regardless of whether such use was intentional or unintentional (e.g., automated/bot usage, circumventing usage limits, or fraudulent payment activity). We are under no obligation to provide advance notice or a justification before taking this action.
4. Contact
Questions about these Terms can be directed to contact@kai-powered.com.
See also: Privacy Policy