Terms of Use
Last updated: April 11, 2026
These Terms of Use ("Terms") are a legal agreement between Chorrie, Inc. d/b/a Kilvin ("Kilvin," "we," "us," or "our") and you ("you," "Client," or "User") governing your access to and use of Kilvin's websites, client portal, delivered applications, and related development and advisory services (collectively, the "Service"). The Service includes custom software built for you by Kilvin, any hosted environments we provide, our websites, and related documentation.
By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service. Engagements may also be governed by a separate signed Statement of Work ("SOW") or Master Services Agreement ("MSA"); in case of conflict, the signed agreement controls.
Eligibility & Accounts
You must be at least 18 years old and authorized to bind your organization to use the Service. You are responsible for maintaining the confidentiality of account credentials and for all activity under your account. We may require identity or entity verification to enable certain features.
2. License & Scope of Use
Subject to these Terms and any applicable SOW, we grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Service and any software we deliver to you, solely for your internal business purposes.
Except as expressly permitted, you may not: (i) sublicense, resell, or distribute the Service or delivered software to third parties; (ii) reverse engineer or decompile the Service to the extent prohibited by law; (iii) remove or alter proprietary notices; or (iv) use the Service to build a competing product.
Pre-release, beta, or experimental features and deliverables are provided "as is" and may change or be discontinued without notice.
Acceptable Use & Responsibility
You must use the Service in compliance with applicable laws and third-party terms. You may not use the Service to: infringe intellectual property or other rights; upload or distribute malware or attempt unauthorized access; engage in spam, harassment, or unlawful or abusive conduct; violate privacy or data protection rights; use the Service in life-critical or high-risk scenarios (e.g., medical devices, aviation, nuclear operations) without our prior written approval; or violate export controls, sanctions, or trade restrictions.
You are responsible for the data, instructions, configurations, and business decisions you provide to us or execute through delivered software, including compliance with laws and third-party terms governing any systems we integrate with on your behalf. You are responsible for obtaining any required consents or authorizations from your users, employees, or counterparties.
Client Data, Credentials & Privacy
Credentials and secrets. If you provide credentials for third-party systems (e.g., custodians, CRMs, data providers), we store them encrypted at rest. You are responsible for the accuracy, rotation, and revocation of your secrets.
Regulated data. Processing PHI or other HIPAA-regulated data is permitted only under a signed Business Associate Agreement (BAA) with Kilvin. Clients in wealth management and other regulated verticals are responsible for ensuring their use of the Service complies with applicable regulatory obligations (e.g., SEC, FINRA, state regulators). We will cooperate in good faith on reasonable compliance requirements set out in an SOW.
AI data handling. For clients under a signed BAA or enterprise agreement, we will configure AI provider(s) with zero-data-retention where available.
See our Privacy Policy for how we collect and use personal data.
Engagements, Fees & Billing
Engagements are typically governed by an SOW specifying scope, milestones, deliverables, and fees. Recurring subscriptions (e.g., hosting, support, maintenance) are processed by Stripe and auto-renew until canceled. Unless required by law or stated otherwise in an SOW, fees are non-refundable. You are responsible for applicable taxes. We may suspend access or work after a reasonable grace period for overdue payments.
AI, Outputs & No Professional Advice
Kilvin builds software using AI-assisted development tools and may deliver applications that include AI features. AI outputs can be incorrect, incomplete, or unsafe; you must review outputs and exercise independent judgment before relying on them. The Service does not provide legal, medical, financial, investment, or other professional advice.
Third‑Party Services & Dependencies
The Service may rely on or interoperate with third‑party services (for example, identity/auth, analytics, cloud infrastructure, billing, model providers). Examples include Clerk, Stripe, AWS, PostHog, and AI model providers. These examples are illustrative, not exhaustive, and may change.
Your use of third‑party services is subject to their separate terms and policies. We are not responsible for third‑party services, content, or availability.
External websites or apps that your automations interact with are not controlled by us; using them is at your own risk and subject to their terms.
IP, Deliverables & Feedback
Pre-existing IP. Kilvin retains all rights in its pre-existing tools, frameworks, templates, and underlying technology ("Kilvin Materials").
Custom deliverables. Kilvin retains all right, title, and interest in the software, code, and deliverables we build for you, including custom applications developed under an SOW (collectively, "Deliverables"). Upon full payment and for so long as your engagement or subscription remains in good standing, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable license to access and use the Deliverables solely for your internal business purposes. You do not acquire any ownership rights in the Deliverables, Kilvin Materials, or any underlying technology. An SOW may set out different terms for a specific engagement; in that case, the SOW controls.
Client content. You own your data and content. You grant us a worldwide, non-exclusive, royalty-free license to host, process, and use it solely to provide, secure, and improve the Service. We may use aggregated and de-identified data for analytics and improvement.
Feedback. If you provide ideas or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction.
Termination & Data Export
Either party may terminate an engagement as set out in the applicable SOW. We may suspend or terminate access if you materially breach these Terms, present risk, or as required by law. You are responsible for exporting your data before termination. Following account deletion, we generally retain data for 30 days for limited recovery before permanent deletion, subject to legal retention obligations.
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NO UPTIME COMMITMENT APPLIES UNLESS SET OUT IN A SEPARATE SIGNED SLA.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR $100, WHICHEVER IS HIGHER.
Indemnification
You will defend, indemnify, and hold harmless Kilvin and its affiliates, officers, directors, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising out of: (a) your data, content, or business decisions; (b) your use of the Service; (c) your breach of these Terms; or (d) your violation of laws or third-party rights.
Dispute Resolution & Governing Law
These Terms are governed by the laws of the State of New York, excluding its conflict of law rules. Except for claims that may be brought in small claims court, disputes will be resolved by binding arbitration on an individual basis; class actions and class arbitrations are not permitted. The Federal Arbitration Act governs this section. EU/UK consumers retain any mandatory local-law rights.
Export & Sanctions
You represent that you are not located in, controlled by, or a national of any embargoed or sanctioned country, and you will not use the Service in violation of export control or sanctions laws.
Changes to Service & Terms
We may modify or discontinue the Service at any time. We may update these Terms; material changes will be posted with a new "Last Updated" date. Continued use after changes become effective constitutes acceptance.
Contact & Notices
Legal notices: legal@kilvin.ai
Privacy inquiries: privacy@kilvin.ai
Address: Chorrie, Inc., 122 Greenwich Avenue, Apt 4, New York, NY 10011, USA
Changes to Service & Terms
These Terms, together with any signed SOW or MSA, constitute the entire agreement regarding the Service. If any provision is unenforceable, it will be modified minimally and the remainder remains in effect. You may not assign these Terms without our prior written consent; we may assign them (e.g., in a merger or sale). Neither party is liable for failures due to events beyond reasonable control. Open-source components are governed by their own licenses.