Terms of Service

1. Definitions

• “Platform” means the HikariBlue software-as-a-service platform, including all associated APIs, documentation, console interfaces, and agent management tools.
• “Services” means the professional services, programs (Recon, Deploy, Sovereign, Operate), consulting engagements, and support provided by Company.
• “Customer Data” means all data, content, configurations, and materials submitted by you to or through the Platform.
• “Agent” means any artificial intelligence agent deployed, managed, or supervised through the Platform.

2. Description of Service

HikariBlue is an AI operations and governance platform that enables organizations to architect, deploy, supervise, and govern AI agents in production environments. The Platform provides monitoring, compliance management, audit trail capabilities, security controls, and operational governance tools. Services are delivered pursuant to individually executed Statements of Work (“SOWs”) or subscription agreements.

3. Account Registration and Security

Access to certain features requires account registration. You agree to: (a) provide accurate, current, and complete registration information; (b) maintain and promptly update such information; (c) maintain the security of your credentials; and (d) accept responsibility for all activities under your account. You must immediately notify Company of any unauthorized use of your account. Company is not liable for losses arising from unauthorized access to your account.

4. Acceptable Use

You agree not to:

• Use the Platform for any purpose that violates applicable federal, state, or international law
• Attempt to gain unauthorized access to the Platform, related systems, or networks
• Interfere with or disrupt the integrity, performance, or security of the Platform
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code
• Use the Platform to deploy agents that make autonomous decisions in violation of applicable regulations
• Circumvent or disable any security, governance, or access control features of the Platform
• Use the Platform to process data in violation of data protection laws or contractual obligations
• Resell, sublicense, or redistribute access to the Platform without prior written authorization

5. Customer Data and Ownership

You retain all rights, title, and interest in your Customer Data. By using the Platform, you grant Company a limited, non-exclusive, worldwide license to process Customer Data solely for the purpose of providing and improving the Services. Company shall not access, use, or disclose Customer Data except as necessary to deliver the Services, comply with law, or as otherwise authorized by you.

Upon termination of your account, you may request export of your Customer Data in a standard machine-readable format within thirty (30) days. After such period, Company may delete Customer Data in accordance with its data retention policies.

6. Intellectual Property

All intellectual property rights in the Platform, including software, documentation, designs, logos, trademarks, and proprietary methodologies, are and shall remain the exclusive property of UNITED4 LLC or its licensors. Nothing in these Terms transfers any intellectual property rights to you, except the limited license to use the Platform as described herein.

7. Data Security and Privacy

Company implements industry-standard security measures, including end-to-end encryption, immutable audit trails, access controls, and regular security assessments. Our security practices are designed to comply with applicable data protection regulations, including the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and applicable Texas state law. For full details, see our Privacy Policy.

8. AI-Specific Provisions

Customer acknowledges that AI agents deployed through the Platform produce outputs based on probabilistic models and may generate responses that are inaccurate, incomplete, or inappropriate. Company provides governance and supervision tools to mitigate such risks, but does not guarantee the accuracy or fitness of any AI agent output. Customer is solely responsible for: (a) validating agent outputs before relying on them for business decisions; (b) configuring appropriate governance policies, escalation rules, and kill switches; and (c) compliance with all applicable laws governing the use of AI in its industry and jurisdiction.

9. Service Availability

Company shall use commercially reasonable efforts to maintain Platform availability. Targeted uptime and support commitments, where applicable, are set forth in the relevant SOW or service level agreement (“SLA”). Company may perform scheduled maintenance with reasonable advance notice. Unscheduled maintenance may occur to address security vulnerabilities or critical issues.

10. Fees and Payment

Fees for the Platform and Services are set forth in the applicable SOW or subscription agreement. Unless otherwise stated: (a) all fees are quoted in US Dollars; (b) fees are due within thirty (30) days of invoice; (c) fees are non-refundable except as required by law; and (d) Company may adjust fees upon thirty (30) days written notice. Late payments accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

11. Confidentiality

Each party agrees to maintain the confidentiality of the other party's proprietary and confidential information and to use such information only for the purposes of performing its obligations under these Terms. Confidential information excludes information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure; (c) is independently developed by the receiving party; or (d) is rightfully obtained from a third party without restriction.

12. Warranty Disclaimer

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL UNITED4 LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY; AND (B) COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE THOUSAND US DOLLARS ($1,000).

14. Indemnification

You agree to defend, indemnify, and hold harmless UNITED4 LLC and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of applicable law; or (d) any Customer Data submitted through the Platform.

15. Termination

Either party may terminate these Terms: (a) for convenience upon thirty (30) days written notice; or (b) immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within fifteen (15) days of receiving written notice. Company may immediately suspend access if it reasonably determines that continued access poses a security risk or violates applicable law. Sections 5, 6, 11, 12, 13, 14, 16, and 17 survive termination.

16. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall first be submitted to good-faith negotiation between the parties for a period of thirty (30) days. If not resolved, disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas. Each party irrevocably consents to the personal jurisdiction and venue of such courts. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

17. Export Compliance

The Platform may be subject to US export control and sanctions laws, including the Export Administration Regulations (EAR) and regulations administered by the Office of Foreign Assets Control (OFAC). You agree to comply with all applicable export laws and regulations and represent that you are not located in, or a national or resident of, any country subject to US trade sanctions.

18. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, government actions, labor disputes, power failures, internet disruptions, or third-party service provider outages.

19. Modifications

Company reserves the right to modify these Terms at any time. Material changes will be communicated via email to registered account holders or by posting a prominent notice on the Platform at least thirty (30) days before the effective date. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modifications, you must discontinue use of the Platform before the effective date.

20. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy and any applicable SOW, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.
• Assignment. You may not assign these Terms without Company's prior written consent. Company may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
• Notices. Notices to Company shall be sent to legal@hikariblue.com. Notices to you shall be sent to the email address associated with your account.

21. Contact

UNITED4 LLC
Austin, Texas 78701, United States
legal@hikariblue.com