Terms of Service

3.1 Registration. You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

3.2 Account types. Users register as either a Consumer or a Developer. Developer accounts require an approved application, which may include an invite code from an existing Developer. Kyper reserves the right to approve or reject Developer applications at its sole discretion.

3.3 API tokens. Your account may include an API token for use with the Kyper CLI tool. API tokens carry the same privileges as your account credentials. You must keep them confidential and revoke them immediately if compromised.

3.4 Termination. We may suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or for any reason at our sole discretion. You may delete your account by contacting us at [email protected].

4.1 Role of Kyper. Kyper operates as a marketplace platform connecting Developers with Consumers. Kyper is not the publisher or author of third-party Apps. Developers are solely responsible for the Apps they list, including their functionality, accuracy, legality, and compliance with applicable laws.

4.2 App review. All Apps submitted to the Platform undergo a review process before listing. Review does not constitute an endorsement, warranty, or guarantee of any App's quality, security, fitness for a particular purpose, or freedom from defects.

4.3 Beta status. The Platform is currently in beta. Service availability, feature sets, and pricing are subject to change. We make commercially reasonable efforts to maintain uptime but do not guarantee uninterrupted service during the beta period.

5.1 Pricing. Developers set the price for their Apps, subject to a platform minimum of $1.00 USD for one-time purchases and $1.00 USD per month for subscriptions. All prices are displayed in US Dollars.

5.2 Payment processing. All payments are processed by Stripe, Inc. ("Stripe"). Kyper does not store, process, or have access to your credit card numbers or payment card data. Your use of Stripe is subject to the Stripe Terms of Service.

5.3 All sales are final. All purchases, whether one-time downloads or subscriptions, are final and non-refundable. This policy is disclosed before every checkout. No refunds, credits, or exchanges will be issued except (a) where required by applicable law, (b) in the event of an App takedown initiated by Kyper under Section 8, or (c) at Kyper's sole discretion in extraordinary circumstances.

5.4 One-time purchases. A one-time purchase grants you a license to download the App in its current published version. Download links are valid for 72 hours from issuance and may be regenerated from your purchases dashboard. Download links always provide the latest published version of the App at the time of download.

5.5 Subscriptions. Subscriptions are billed monthly and renew automatically until canceled. You may cancel a subscription at any time. Upon cancellation, your Hosted Deployment will remain active through the end of the current billing period, followed by a 7-day grace period during which you may export your data. After the grace period, the Hosted Deployment and all associated data will be permanently destroyed.

5.6 Failed payments. If a subscription payment fails, the associated Hosted Deployment may be suspended. You will be notified by email and given an opportunity to update your payment method. Continued non-payment may result in deployment termination and data loss as described in Section 5.5.

5.7 Taxes. You are responsible for any applicable taxes on your purchases. Kyper does not currently collect sales tax or VAT on behalf of Consumers, though this may change as regulations require.

6.1 Infrastructure. Hosted Deployments run on private cloud instances provisioned on DigitalOcean infrastructure. Each Consumer receives a dedicated instance for each active subscription. Kyper manages provisioning, updates, and infrastructure maintenance.

6.2 Updates. Patch and minor version updates published by the Developer are applied automatically to your Hosted Deployment. Major version upgrades require your explicit opt-in consent.

6.3 Environment variables. You may configure environment variables for your Hosted Deployment through the Platform. Certain system environment variables are reserved by Kyper and cannot be overridden. Environment variables are stored encrypted at rest.

6.4 Data. Data stored within your Hosted Deployment (databases, file uploads, etc.) belongs to you. Kyper does not access, inspect, or use your deployment data except as necessary to operate the infrastructure or as required by law. Upon subscription cancellation, you have a 7-day grace period to export your data before it is permanently deleted.

6.5 Availability. Kyper uses commercially reasonable efforts to maintain uptime for Hosted Deployments but does not guarantee any specific level of availability. Kyper is not liable for downtime caused by third-party infrastructure providers, the underlying App's code, or force majeure events.

6.6 Resizing. You may resize your Hosted Deployment to a different tier at any time. Price changes from resizing take effect on your next billing cycle.

7.1 Developer Agreement. Developers are additionally bound by the Developer Agreement, which governs the listing, sale, and distribution of Apps through the Platform. In the event of a conflict between these Terms and the Developer Agreement, the Developer Agreement controls with respect to Developer-specific obligations.

7.2 Commission. For one-time purchases, Kyper retains a 15% commission on the gross sale price, deducted before Developer payouts. For subscriptions, Developers set a monthly royalty and retain 100% of it; Kyper adds a separate infrastructure fee to cover the cost of provisioning and operating each Consumer's dedicated cloud instance. Stripe's payment processing fees are additional and passed through as incurred. Full details are available in the Developer Agreement.

7.3 Payouts. Developer payouts are processed monthly on or around the 1st of each month via Stripe Connect. A minimum balance of $25.00 USD is required for a payout to be issued. Balances below the minimum carry forward to the next month. Developers must complete Stripe Connect onboarding to receive payouts.

7.4 App ownership. Developers retain all intellectual property rights in their Apps. By listing an App on the Platform, you grant Kyper a non-exclusive, worldwide license to host, distribute, display, and promote the App as necessary to operate the marketplace and fulfill purchases and subscriptions.

7.5 Representations. By submitting an App, you represent and warrant that (a) you own or have the right to distribute the App and all included code, assets, and dependencies; (b) the App does not infringe any third-party intellectual property rights; (c) the App does not contain malware, backdoors, or intentionally harmful code; and (d) the App complies with all applicable laws.

8.1 Kyper-initiated takedown. Kyper may remove an App from the marketplace at any time if it violates these Terms, the Developer Agreement, applicable law, or poses a security risk. When Kyper initiates a takedown, affected Consumers will receive at least 30 days' notice before their Hosted Deployments are terminated.

8.2 Consumer remedies. In the event of a Kyper-initiated takedown, Consumers with active subscriptions will receive a prorated refund for the unused portion of their current billing period. Consumers will be provided an opportunity to export their data before deployment termination.

8.3 Developer-initiated removal. Developers may request removal of their own Apps by contacting support. Active subscriptions and Hosted Deployments must be wound down in accordance with the Developer Agreement.

10.1 Platform IP. The Platform, its design, features, branding, and underlying technology are owned by The Bitfoot Company and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use the Kyper name, logo, or branding without prior written consent.

10.2 User content. You retain ownership of any Content you upload to the Platform. By uploading Content, you grant Kyper a non-exclusive, worldwide, royalty-free license to use, store, display, and distribute that Content solely for the purpose of operating and promoting the Platform.

10.3 DMCA. Kyper respects intellectual property rights and will respond to valid notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). To submit a takedown notice, contact us at [email protected] with the information required under 17 U.S.C. 512(c)(3).

12.1 THE PLATFORM AND ALL APPS LISTED ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. KYPER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.2 KYPER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. KYPER DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY APP OR ITS CONTENT.

12.3 KYPER IS NOT RESPONSIBLE FOR THE CONDUCT, CONTENT, OR APPS OF ANY DEVELOPER OR OTHER THIRD PARTY. YOUR USE OF ANY APP IS AT YOUR OWN RISK.

13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KYPER, THE BITFOOT COMPANY, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.

13.2 KYPER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO KYPER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).

13.3 THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF KYPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.1 Informal resolution. Before filing any formal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration. Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class action waiver. YOU AND KYPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.4 Exceptions. Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for claims involving intellectual property infringement or unauthorized access to the Platform.

18.1 Entire agreement. These Terms, together with the Privacy Policy and Developer Agreement (where applicable), constitute the entire agreement between you and Kyper regarding the Platform and supersede all prior agreements and understandings.

18.2 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18.3 Waiver. The failure of Kyper to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. Kyper may assign these Terms without restriction.

18.5 Force majeure. Kyper shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.