Terms of Service

1. License Grant & Restrictions

Kernel Data Solutions grants you a limited, non-exclusive, non-transferable license to use our software for synthetic data generation, subject to the following terms:

License Grant

• The software license is bound to a specific machine or user account as identified during installation and activation.
• Each license permits installation and use on one (1) designated system unless otherwise specified in your subscription plan.
• Enterprise licenses may include multi-user or multi-machine deployments as detailed in your contract.

Restrictions

• You may not reverse engineer, decompile, or disassemble the software.
• You may not redistribute, sublicense, or transfer the software to third parties.
• You may not use the software for illegal purposes or in violation of applicable data protection laws.
• You must comply with all applicable GDPR and data privacy regulations when using the software.

2. Subscription & Renewal

Payment Terms

Subscriptions are billed on a recurring basis (monthly or annually) as selected during purchase. All fees are non-refundable except as required by law.

Automatic Renewal

• Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
• Renewal will be charged to your payment method on file at the then-current subscription rate.
• We will notify you of any price changes at least 30 days before they take effect.

Cancellation

• You may cancel your subscription at any time through your account dashboard or by contacting support.
• Cancellation takes effect at the end of your current billing period.
• You will retain access to the software until the end of your paid period.
• No refunds will be provided for partial billing periods.

3. User Data & Privacy

Data Collection

We collect and process the following personal data:

• Account Information: Name, email address, company name, billing information.
• Usage Data: Software usage metrics, error logs, and performance data.
• Technical Data: IP address, device information, operating system details.

Data Usage

Your data is used for:

• Providing and maintaining the software service.
• Processing payments and managing subscriptions.
• Improving software performance and user experience.
• Communicating with you about updates, security alerts, and support.
• Complying with legal obligations.

Data Retention

• Account data is retained for the duration of your subscription plus 30 days.
• Billing records are retained for 7 years to comply with German tax law.
• Usage logs are retained for 90 days unless required for security or legal purposes.
• You may request deletion of your data at any time, subject to legal retention requirements.

Your Source Data

IMPORTANT: Kernel Data Solutions does NOT collect, store, or have access to your source databases or the data you process through our software. All data processing occurs locally on your infrastructure. We only collect metadata about software usage, not your actual data.

4. Liability & Warranty

Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

• Kernel Data Solutions shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the software.
• Our total liability for any claims related to the software is limited to the amount you paid for the subscription in the 12 months preceding the claim.
• We are not responsible for data loss, business interruption, or lost profits resulting from software use or malfunction.
• You are responsible for maintaining backups of your data and ensuring compliance with applicable data protection laws.

User Responsibility

You are solely responsible for ensuring that synthetic data generated by our software meets your legal and regulatory requirements. While our software is designed to support GDPR compliance, you must validate the output for your specific use case.

5. Termination

Termination by User

• You may terminate your subscription at any time as described in Section 2.
• You may request deletion of your account and associated data by contacting support.
• Account deletion is permanent and cannot be reversed.

Termination by Kernel Data Solutions

We may suspend or terminate your license immediately if:

• You violate these Terms of Service.
• Payment fails and remains unpaid for 14 days after notification.
• You engage in fraudulent activity or misuse of the software.
• Required by law or legal process.

Effects of Termination

• Your license to use the software terminates immediately upon subscription cancellation or account termination.
• You must cease all use of the software and may be required to uninstall it.
• We will delete your account data within 30 days, except where retention is required by law.
• Provisions regarding liability, warranty disclaimers, and dispute resolution survive termination.

6. Changes to Terms

We may update these Terms of Service from time to time. We will notify you of material changes by email or through the software at least 30 days before they take effect. Your continued use of the software after changes take effect constitutes acceptance of the updated terms.

7. Governing Law

These Terms of Service are governed by German law. Any disputes shall be resolved in the courts of Mannheim, Germany.