Terms of Service

By creating an account, accessing Kioku, or continuing to use it, you accept these Terms, the Privacy Policy, the Data Processing Addendum, and the Acceptable Use Policy. You must be at least 18 and authorized to act for a business. “Professional” means that business or independent professional and its authorized users.

Kioku is an early-access client memory system for service professionals. It is under active development. Features may be incomplete, changed, suspended, or removed. Bugs and data loss are inherent risks of early-access software. Kioku is offered on a paid subscription that includes a free trial; paid plans are billed through Stripe, and some accounts may be provided at no charge. The service is offered only in the United States.

We do not promise availability, uptime, backup, retention, or preservation of data. There is no service-level agreement. Professionals must keep their own copies or exports of anything they need.

You are responsible for accurate account information, authorized account access and activity under your account. Keep credentials secure and notify us at jwmcclung@gmail.com if you suspect unauthorized use. We may reject, suspend, limit, or terminate access at our discretion, including for risk, abuse, legal compliance, or breach of these Terms.

The Professional owns and controls its Client Records. Kinda Salty Studio, LLC processes them only to host, secure, support, and operate Kioku on the Professional’s documented instructions. The Professional grants us a limited, nonexclusive license to process Client Records only for those purposes.

The Professional is solely responsible for:

• deciding what to collect, why, and for how long;
• providing its own privacy notice and handling client rights requests;
• obtaining valid consent, including for identifiable photos and before/after use;
• having a lawful basis for personal or relationship notes;
• complying with photo, likeness, biometric, licensing, and professional rules; and
• the legality, accuracy, and appropriateness of all content it stores.

We do not contact or market to the Professional’s clients. We do not sell or share Client Records, use them for targeted advertising, or train AI models on them.

You must follow the Acceptable Use Policy. You may not misuse Kioku, violate law, infringe rights, bypass security, upload malware, or use the service for unlawful discrimination, surveillance, harassment, or exploitation.

Kioku has no AI feature and does not send Client Records to any AI service. If we add one, we will update the Privacy Policy and the Subprocessor List before it processes anything you have stored. Should any AI-assisted output appear in the service, it would be advisory only, never the record of truth, and never a substitute for your professional judgment.

Prices, payments, and tips stored in Kioku are informational only. Kioku does not process payments and is not accounting software. Kioku provides no legal, tax, accounting, medical, cosmetology, or other professional advice. You are responsible for independent professional judgment and records.

No paid plan exists today. If we later offer one, displayed order terms will govern price, billing period, renewal, taxes, cancellation, and included use. Charges will be nonrefundable except where an order states otherwise or law requires. We may change future prices with notice before the next renewal. Nothing here creates an obligation to offer a paid plan or payment processing.

Kioku, its software, design, branding, and documentation are owned by Kinda Salty Studio, LLC or its licensors. Subject to these Terms, we grant the Professional a limited, revocable, nontransferable right to use Kioku for its internal business. Feedback may be used by us without restriction, attribution, or royalty.

Send notices of claimed infringement to: DMCA Agent, Kinda Salty Studio, LLC, 424 E. 11th St., Hays, KS 67601; email jwmcclung@gmail.com. A notice should identify the protected work, the material and its location, your contact information, a good-faith statement, an accuracy and authority statement under penalty of perjury, and a physical or electronic signature. We may remove content and terminate repeat infringers.

This website notice does not replace registration of a designated agent with the U.S. Copyright Office. Counter-notices must satisfy applicable law.

Either party may stop using the service. We may suspend or terminate access at any time. On request made before termination or within 30 days afterward, we may provide reasonable help exporting available Client Records. After that period, account data may be deleted, subject to backups, legal obligations, technical limits, and ourDPA. Hard deletion is available on request and is not currently an automated self-service feature.

These limits apply regardless of legal theory and even if a remedy fails its essential purpose. They do not exclude liability that applicable law does not permit us to exclude.

The Professional will defend, indemnify, and hold harmless Kinda Salty Studio, LLC, its owners, affiliates, contractors, and suppliers from claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys’ fees arising from Client Records or other content; failure to obtain consent, including photo or likeness consent; violation of law, professional rules, or third-party rights; misuse of Kioku; or claims brought by the Professional’s clients. We may control the defense and settlement of any covered claim.

Except for eligible small-claims matters and requests for urgent injunctive relief, any dispute arising from these Terms or Kioku will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Consumer arbitration rules are not intended to apply because Kioku is a business service. The arbitration will occur in Ellis County, Kansas, unless the parties agree otherwise. Judgment may be entered in any court with jurisdiction.

Disputes may be brought only individually, not as a class, collective, consolidated, representative, or private-attorney-general action. Each party waives trial by jury. You may opt out by emailing jwmcclung@gmail.com within 30 days after first accepting these Terms, with your name, business, account email, and a clear statement that you opt out.

Kansas law governs without regard to conflict-of-laws rules. Any dispute not subject to arbitration must be brought exclusively in state or federal courts located in Ellis County, Kansas, and each party consents to jurisdiction there. Any claim must be filed within one year after it accrues, unless applicable law prohibits that limit.

A Professional who sends promotional email is responsible for lawful, accurate sender information and subject lines, an appropriate public business mailing address, and the content and audience selected. Kioku supplies required promotional identification and unsubscribe controls and honors its database suppression immediately, but does not guarantee delivery, inbox placement, or universal spam-law compliance.

Neither party is liable for delay caused by events beyond reasonable control. We may assign these Terms; the Professional may not without our written consent. Invalid terms will be narrowed to the lawful minimum and the remainder survives. These Terms and incorporated policies are the entire agreement. Failure to enforce is not a waiver. Sections concerning ownership, disclaimers, liability, indemnity, disputes, and general terms survive termination.

We may update these Terms by posting a new effective date and, when appropriate, giving additional notice. Continued use after the effective date means acceptance. Questions may be sent to jwmcclung@gmail.com or Kinda Salty Studio, LLC, 424 E. 11th St., Hays, KS 67601.