Kifas Terms of Service
Effective Date: 22 May 2026 | Last Updated: 22 May 2026
These Terms of Service ("Terms") form a binding agreement between you ("Customer," "you," or "your") and Kifas Labs Ltd ("Kifas," "we," "us," or "our") governing your access to and use of the Kifas platform and related services (the "Services").
PLEASE READ SECTION 22 (DISPUTE RESOLUTION; ARBITRATION; CLASS-ACTION WAIVER) CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND CONTAINS A CLASS-ACTION WAIVER. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY EMAILING legal@kifas.io.
IMPORTANT: GEOGRAPHIC SCOPE. THE SERVICES ARE NOT AVAILABLE TO RESIDENTS OF THE EUROPEAN UNION, EUROPEAN ECONOMIC AREA, UNITED KINGDOM, OR SWITZERLAND. BY CREATING AN ACCOUNT, YOU REPRESENT THAT YOU ARE NOT A RESIDENT OF ANY SUCH JURISDICTION. SEE SECTION 4.
1. About the Company
The Services are provided by Kifas Labs Ltd (Hebrew: קיפאס לאבס בע"מ), a private company limited by shares organized under the Companies Law, 5759-1999 of the State of Israel, Israeli Company Number 517267134, with its registered office at Shikma 2, Dvira 8533000, Israel. Notwithstanding our place of incorporation, these Terms are governed by the laws of the State of Delaware, United States, as set forth in Section 22.
2. Definitions
"Account" means your registered Kifas account. "AUP" means the Kifas Acceptable Use Policy, available at kifas.io/aup, incorporated by reference. "Beta Features" means features designated as alpha, beta, preview, experimental, or similar. "Credits" means the unit of consumption used to meter Customer use of the Services. "Customer Content" means files, code, data, prompts, test scripts, screenshots, video, audio, and any other materials you, your users, or your target systems submit to, generate within, or transmit through the Services. "Customer Data" means Customer Content together with Account information and metadata. "DPA" means the Kifas Data Processing Addendum at kifas.io/dpa. "Enterprise Plan" means a paid plan provided pursuant to a signed Order Form or Master Services Agreement designated as Enterprise. "Excluded Region" means the European Union, the European Economic Area, the United Kingdom, and Switzerland. "Fees" means the amounts payable for the Services. "Free Trial" means use of the Services without payment during the designated trial period. "Kifas IP" means the Services, the Kifas platform, Kifas Tunnel, Kifas MCP Server, the Kifas Workflow Library schema and infrastructure, all software (including binaries, scripts, source, and machine images), documentation, APIs, models, model weights fine-tuned by Kifas, dashboards, user interfaces, trademarks, logos, the names "Kifas," "Kifas Labs," "Kifas Tunnel," "Kifas MCP Server," and "Kifas Workflow Library," and all improvements and derivative works. "MSA" means a separately signed Master Services Agreement. "Order Form" means an ordering document referencing these Terms. "PAYG" means the pay-as-you-go consumption-based plan. "Privacy Policy" means the Kifas Privacy Policy at kifas.io/privacy, incorporated by reference. "Pro Plan" means the paid, recurring subscription plan (monthly or annual) other than Enterprise. "Published Workflow" means a workflow you publish to the Kifas Workflow Library. "Refund Policy" means the Kifas Refund Policy at kifas.io/refund, incorporated by reference. "Services" means the Kifas cloud testing platform and all related software, APIs, documentation, content, and offerings provided by Kifas at kifas.io or in the Kifas application, including without limitation Kifas Tunnel, Kifas MCP Server, and the Kifas Workflow Library. "SLA" means the Kifas Service Level Agreement at kifas.io/sla. "Your Users" means employees, contractors, and individuals you authorize to access the Services under your Account.
3. Acceptance; Modifications
By creating an Account, clicking to accept these Terms, signing an Order Form, or using the Services, you accept these Terms on behalf of yourself and the entity you represent and warrant that you have authority to do so. We may modify these Terms from time to time. We will notify you of material changes by email to the address on your Account and by an in-app notice at least thirty (30) days before the change takes effect, except that changes required for legal, regulatory, security, fraud-prevention, or technical compatibility reasons may take effect immediately. Your continued use of the Services after the effective date of a change constitutes acceptance of the modified Terms. If you do not accept a change, your sole remedy is to cancel your Account before the change takes effect.
4. Account Registration; Eligibility; Geographic Scope; Security
You must be at least eighteen (18) years old and legally capable of entering into a binding contract. You must not be a resident of, ordinarily resident in, or located in any Excluded Region (the European Union, the European Economic Area, the United Kingdom, or Switzerland). By creating an Account, you affirmatively represent and warrant that (i) you are at least 18 years of age; (ii) you are not a resident of any Excluded Region; and (iii) you are not a person identified on any sanctions or denied-party list described in Section 24. We rely on these representations and may suspend or terminate any Account that we determine, in our reasonable discretion, was opened in violation of this Section. You must provide accurate, current, and complete information at registration and keep it updated. You are responsible for all activity that occurs under your Account, for keeping your credentials confidential, and for promptly notifying us at legal@kifas.io of any suspected unauthorized access. We may refuse, suspend, or terminate Accounts at our discretion as permitted by these Terms. You may not share, resell, or lend your Account credentials.
5. The Services
The Services include the Kifas cloud testing platform, which provides automated and AI-assisted testing across browsers, operating systems, mobile and real devices, and related environments, together with: (a) Kifas Tunnel, an on-premises tunnel binary that creates a secure connection between your network and the Kifas cloud for testing internal applications; (b) Kifas MCP Server, an agent endpoint that enables AI agents and clients implementing the Model Context Protocol to interact with the Services; and (c) the Kifas Workflow Library, a shared catalog of sub-workflows that you may consume, publish, and remix subject to Section 12. We may add, change, or discontinue features, including specific browsers, devices, operating systems, models, regions, or integrations, at any time. We do not warrant continued availability of any particular third-party browser, device, model, MCP server, or integration. Kifas may log, sample, inspect, and analyze traffic transiting Kifas Tunnel and Kifas MCP Server, including patterns, volumes, destinations, and metadata, for purposes of AUP enforcement, security monitoring, fraud and abuse prevention, performance management, and legal compliance. The content of test target traffic is not retained beyond what is necessary for those purposes, except as described in the Privacy Policy.
6. Free Trial
If you sign up for a Free Trial, you may use the Services without payment for the period stated at signup (default: fourteen (14) days from Account creation). At the end of the Free Trial, your access will terminate unless you select a paid plan. Free Trial Accounts do not include access to iOS real-device testing. Free Trials are provided "AS IS" and "AS AVAILABLE," without any warranty and without the SLA. By using a Free Trial, you expressly acknowledge and agree that Kifas may use your Customer Content, including test inputs, generated workflows, prompts, outputs, browser session recordings, screenshots, logs, and any other data submitted during the Free Trial, to train, fine-tune, evaluate, and improve Kifas's AI models, the Kifas platform, and related services. This is also disclosed at signup and in our Privacy Policy. You may not use sequential or false identities to obtain multiple Free Trials.
7. Subscription Tiers, Credits, and Billing
The Services are offered through: (a) Free Trial (Section 6); (b) PAYG, a pay-as-you-go consumption plan billed in advance through prepaid Credits; (c) Pro Plan (monthly or annual), a recurring subscription with included Credits; and (d) Enterprise Plan, a recurring subscription governed by an Order Form and/or signed MSA.
No prices, Credit values, or conversion rates are set forth in these Terms. All current Fees, Credit quantities, conversion rates, included usage, overage rates, and plan-tier details are published at kifas.io/pricing and within the Kifas application and are incorporated by reference. Fees are stated in U.S. Dollars and are exclusive of taxes, levies, withholdings, VAT, GST, and similar charges, which are your responsibility. You authorize us and our payment processors (including Paddle.com Market Limited and its affiliates, acting as Kifas's merchant of record for certain transactions) to charge your designated payment method for all amounts due. Late amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law.
8. Credit Purchase, Consumption, and Expiration
Credits may be purchased à la carte (PAYG) or are included with a Pro Plan or Enterprise Plan as published on kifas.io/pricing. Credits are consumed as you use the Services at the then-current consumption rates published on kifas.io/pricing and within the Kifas application. ALL CREDITS, WHETHER PURCHASED, BONUS, PROMOTIONAL, ROLLOVER, OR ISSUED BY KIFAS, EXPIRE AND ARE FORFEITED TWELVE (12) MONTHS FROM THE DATE OF PURCHASE OR ISSUANCE, WHICHEVER IS LATER. THERE ARE NO EXCEPTIONS. THERE ARE NO LIFETIME CREDITS. This expiration rule supersedes any prior or marketing communication to the contrary. Credits have no cash value, are non-transferable, are non-refundable (except as expressly provided in the Refund Policy), and may not be exchanged for cash. Unused Credits are forfeited upon termination of your Account for any reason.
9. Refunds
Refunds are governed by the Kifas Refund Policy at kifas.io/refund, which is incorporated into these Terms by reference. The Kifas Refund Policy provides a 14-day refund window from the date of each purchase (including each subscription renewal). See the Refund Policy for full details and how to request a refund.
10. Auto-Renewal; Cancellation; Pricing Changes
AUTO-RENEWAL DISCLOSURE. Pro Plans and Enterprise Plans automatically renew at the end of each billing period (monthly for monthly plans; annually for annual plans; or as stated in the Order Form for Enterprise) at the then-current published rate for the same plan, until you cancel. By selecting a recurring plan, you expressly affirmatively consent to recurring charges to your designated payment method. We will send you a post-purchase email summarizing the plan, billing cadence, renewal date, amount, cancellation method, and a link to manage your subscription, in a form capable of being retained by you.
State-law compliance. Consistent with the federal Restore Online Shoppers' Confidence Act (15 U.S.C. § 8403), the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq., as amended by Assembly Bill 2863, approved September 24, 2024, effective July 1, 2025), New York GBL § 527-a, Oregon ORS 646A.293, the Massachusetts Automatic Renewal Regulation (940 CMR 38.00, effective September 2, 2025), and similar state autorenewal laws, we will: (a) send you annual reminder notices that disclose the product or service that will be automatically renewed, the frequency and amount of charges, and the means of cancellation, in the same medium used to sign up or in which you are accustomed to interacting with us; and (b) provide "clear and conspicuous" notice of any change in the fee charged no less than 7 and no more than 30 days in advance of the new fee becoming effective.
Click-to-cancel. You may cancel at any time directly from the in-app Billing Settings (Account → Billing → Cancel Subscription): no phone call required, no save-flow gauntlet, no extra steps, and using the same medium through which you signed up. Cancellation takes effect at the end of the then-current billing period. You will retain access through the end of the period for which you have paid. No mid-period refunds or prorated refunds will be issued except as required by the Refund Policy.
Pricing Changes. We may change Fees, Credit conversion rates, and plan terms on at least thirty (30) days' prior notice by email to your Account address. Changes will not apply to Credits already purchased at the prior rate (which remain valid through their 12-month expiration). If you do not accept a price change, your sole remedy is to cancel before the change takes effect. Continued use after the effective date constitutes acceptance.
11. Customer Data and Customer Content
Ownership. As between you and Kifas, you retain all right, title, and interest in and to your Customer Data and Customer Content. We claim no ownership over your Customer Content.
License to Kifas (operational). You grant Kifas a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and otherwise use your Customer Data and Customer Content solely to: (i) provide, maintain, support, secure, and operate the Services; (ii) prevent and address fraud, abuse, security threats, and AUP violations; (iii) comply with law; (iv) develop aggregate or de-identified analytics that cannot reasonably be used to identify you or any individual; and (v) enforce these Terms.
AI Training: Tier-Specific Rules. The use of your Customer Content to train, fine-tune, or develop AI models depends on your tier:
- Free Trial: Kifas MAY use Customer Content (including test inputs, generated workflows, prompts, outputs, screenshots, browser session content, and recordings) to train, fine-tune, evaluate, and improve Kifas's AI models, the Kifas platform, and related services. This is disclosed at signup and in the Privacy Policy.
- PAYG and Pro Plan: By default, Kifas may use Customer Content for AI training, with personal data removed or pseudonymized prior to use. You may opt out at any time via Account → Settings → AI Training → "Do not use my data for AI training." The opt-out is honored within thirty (30) days going forward and is not retroactive (i.e., it does not require Kifas to delete or unlearn models already trained).
- Enterprise Plan: Kifas contractually will NEVER use Customer Content to train, fine-tune, or develop AI models. This is a hard guarantee included in these Terms and in the Enterprise MSA.
Distinctions: (a) using Customer Data to operate the Services (always allowed); (b) using Customer Data in aggregate or de-identified form to debug and improve the Services (always allowed); (c) using Customer Content to train AI models that learn from your specific content (tier-dependent per above).
Your representations. You represent and warrant that you have all rights necessary to submit Customer Content to the Services and to grant the licenses above, that your Customer Content does not violate the AUP, and that your use of the Services does not infringe or violate the rights of any third party or any law.
12. Workflow Library
The Kifas Workflow Library allows you to publish sub-workflows for use by other Kifas users. By publishing a workflow ("Published Workflow"), you grant Kifas and other Kifas users a worldwide, non-exclusive, royalty-free, sublicensable license to host, copy, display, execute, modify, fork, and create derivative works of the Published Workflow within the Services. You retain ownership of the Published Workflow. Upon termination of your Account for any reason, Kifas will deprecate and remove your Published Workflows from the public Workflow Library within ninety (90) days; users who have already forked or incorporated your Published Workflow into their own workflows prior to termination may continue using those forks. Kifas may also, in its sole discretion and without notice or refund, remove, deprecate, suspend, or modify any Published Workflow for any reason or no reason, including but not limited to AUP violations, legal claims, security risk, low quality, or business judgment. You represent that you have all necessary rights to publish the Published Workflow.
13. Kifas IP
Kifas IP is and shall remain the exclusive property of Kifas. Subject to your compliance with these Terms and timely payment of Fees, Kifas grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes during the term. You may not: (a) copy, modify, translate, or create derivative works of the Services or Kifas IP except as expressly authorized; (b) reverse engineer, decompile, disassemble, or attempt to derive source code or model weights, except to the extent expressly permitted by applicable law that cannot be waived; (c) rent, lease, sell, sublicense, or provide the Services to a third party as a service bureau; (d) remove or alter proprietary notices; (e) use the Services to build a competing product or service; (f) access the Services to benchmark against a competing product without our prior written consent; or (g) use any Kifas trademark, logo, or branding without our prior written consent.
14. Acceptable Use
Your use of the Services is subject to the AUP, available at kifas.io/aup and incorporated by reference. Violation of the AUP is a material breach of these Terms.
15. Suspension and Termination
Kifas's rights. We may suspend or terminate your Account and access to the Services, in whole or in part, immediately and without prior notice or refund if: (a) you breach these Terms, the AUP, or any other policy incorporated by reference; (b) we reasonably believe your use poses a security, legal, reputational, or operational risk; (c) you fail to pay Fees when due; (d) we are required to do so by law, court order, or regulatory authority; (e) a third party makes a credible claim that your use infringes its rights; (f) your use materially exceeds plan limits; (g) we discontinue the Services or a feature; (h) you become insolvent, file for bankruptcy, or cease ordinary business operations; or (i) we determine in our reasonable discretion that you are a resident of an Excluded Region in violation of Section 4. We may also remove or disable any Customer Content or Published Workflow for the same reasons.
Customer's rights. You may terminate by cancelling your subscription from the in-app Billing Settings, effective at the end of the then-current billing period.
Effect. Upon termination: (a) your right to use the Services ceases; (b) Kifas may delete your Customer Data and Customer Content thirty (30) days after termination (subject to retention obligations under law and the Privacy Policy); (c) all unused Credits are forfeited; (d) no refunds will be issued except as provided in the Refund Policy; (e) all accrued payment obligations survive; (f) any Published Workflows you have submitted will be removed from the Workflow Library within ninety (90) days per Section 12; and (g) Sections 1, 2, 7-11, 13, 16, 19-23, and any other terms that by their nature should survive will survive.
16. Confidentiality
Each party may have access to non-public information of the other ("Confidential Information"). The receiving party will: (a) use Confidential Information only to perform under these Terms; (b) protect it with reasonable care (no less than it protects its own); and (c) not disclose it except to employees, contractors, and advisors with a need to know who are bound by confidentiality obligations at least as protective. Confidential Information does not include information that is or becomes public other than through breach, was already known, is independently developed without use of Confidential Information, or is rightfully received from a third party. Compelled disclosures are permitted with reasonable notice (where lawful).
17. Privacy
Your privacy is governed by the Kifas Privacy Policy at kifas.io/privacy. For Enterprise and other customers acting as a data controller and where Kifas processes personal data on their behalf, the Kifas DPA at kifas.io/dpa applies and is incorporated by reference.
18. Security
Kifas maintains a documented information security program designed to protect Customer Data, including encryption in transit (TLS 1.2 or higher) and at rest (AES-256 or equivalent), access controls, secure software development practices, vulnerability management, logging and monitoring, and incident response. Security details are described in the Privacy Policy and DPA. Despite our reasonable efforts, no system is impervious. You are responsible for the security of your credentials, your endpoints, your network, your test targets, and the configuration of Kifas Tunnel and Kifas MCP Server within your environment.
19. Service Levels
Service-level commitments apply only to the Enterprise Plan and are set forth in the SLA at kifas.io/sla. Free Trial, PAYG, and Pro Plans are provided without an SLA. SLA remedies are limited to service credits applied to future invoices; service credits will never be paid in cash, will not extend Credit expiration, and are not subject to the liability cap in Section 21 (i.e., service credits are paid in addition to, and are not reduced by, the cap).
20. Third-Party Services; Open Source; AI-Specific Terms; Beta Features
Third-party services. The Services interoperate with third-party browsers, operating systems, devices, AI models, MCP servers, integrations, and content. Kifas does not own or control these third parties and is not responsible for their availability, performance, terms, privacy practices, or content. Your use of third-party services is at your sole risk and is governed by the relevant third-party terms.
Open source. The Services may include open-source components made available under their respective licenses; nothing in these Terms restricts your rights under those licenses with respect to those components. An open-source notice and attribution file is available on request to legal@kifas.io.
AI-specific terms. AI outputs generated through the Services may be inaccurate, incomplete, biased, offensive, fabricated ("hallucinated"), or otherwise unsuitable. Kifas does not warrant the accuracy, reliability, fitness, non-infringement, or non-misleading nature of any AI output. You are solely responsible for reviewing, validating, and deciding whether to use any AI output. You must not rely on AI outputs as the sole basis for safety-critical, legally consequential, medical, financial, regulated, or otherwise high-stakes decisions without independent human review. Different prompts may produce identical or similar outputs across customers; you do not own or have any exclusive right to outputs to the extent they are not unique to your prompt and content. We do not warrant that outputs will be unique. Where the U.S. Federal Trade Commission's enforcement of unfair-or-deceptive AI practices under Section 5 of the FTC Act, NYC Local Law 144, the Colorado Artificial Intelligence Act, or similar laws apply to your downstream use case, you remain solely responsible for downstream deployment, transparency to your own users, and any high-risk classification of your application.
Beta Features. Features designated as Beta, Alpha, Preview, Experimental, Limited Availability, or similar are provided "AS IS" and "AS AVAILABLE," without warranty of any kind, without SLA, and may be modified, suspended, or discontinued at any time. Use of Beta Features is at your sole risk.
21. Disclaimers; Limitation of Liability
Disclaimers. EXCEPT AS EXPRESSLY STATED IN AN ENTERPRISE MSA, THE SERVICES, KIFAS IP, WORKFLOW LIBRARY, KIFAS TUNNEL, KIFAS MCP SERVER, AI OUTPUTS, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIFAS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE OPERATION, ACCURACY, COMPLETENESS, RELIABILITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIFAS'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE), AND REGARDLESS OF WHETHER A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, SHALL NOT EXCEED THE LESSER OF: (A) THE FEES ACTUALLY PAID BY YOU TO KIFAS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED U.S. DOLLARS ($500).
Excluded damages. IN NO EVENT WILL KIFAS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR RELIANCE DAMAGES; LOST PROFITS; LOST REVENUE; LOST OR CORRUPTED DATA; LOST BUSINESS OPPORTUNITIES; LOSS OF GOODWILL; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF KIFAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Carve-outs. The cap and exclusions above DO NOT apply to: (i) your payment obligations; (ii) your indemnification obligations under Section 23; (iii) your breach of the AUP, Section 13 (Kifas IP), or Section 14 (Acceptable Use); (iv) your infringement of Kifas's intellectual property rights; (v) liability that cannot be excluded under applicable law (e.g., gross negligence, willful misconduct, fraud, or death/personal injury caused by negligence where such carve-outs are mandatory); (vi) Kifas's IP indemnification obligation under Section 23.2; and (vii) any matters expressly carved out in an Enterprise MSA.
Allocation of risk. You acknowledge that the Fees reflect this allocation of risk, that this section is an essential basis of the bargain, and that Kifas would not provide the Services without these limits.
22. Dispute Resolution; Mandatory Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION.
22.1 Governing Law. These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
22.2 Mandatory Informal Resolution (Prerequisite). Before initiating arbitration, you must first send a written Notice of Dispute to legal@kifas.io describing: (i) your full name, Account email, and contact information; (ii) the nature and factual basis of the claim; (iii) the specific relief sought, including any monetary amount; and (iv) your signature. The parties will then attempt in good faith to resolve the dispute through informal negotiation for at least thirty (30) days from receipt of the Notice. Compliance with this Section 22.2 is a condition precedent to filing arbitration, and the JAMS Process Administrator (per Section 22.6) is empowered to dismiss any demand filed without prior compliance. The statute of limitations and any filing-fee deadlines are tolled during the 30-day informal period.
22.3 Binding Individual Arbitration. If the dispute is not resolved during the informal period, you and Kifas agree that all disputes arising out of or relating to these Terms, the Services, or our relationship, including claims that arose before the existence of these Terms, will be resolved exclusively by final and binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) pursuant to JAMS's then-current Comprehensive Arbitration Rules and Procedures (or JAMS Streamlined Rules for claims under $250,000), and the JAMS Mass Arbitration Procedures and Guidelines and accompanying Mass Arbitration Procedures Fee Schedule (effective May 1, 2024), which are expressly incorporated by reference. The seat and legal place of arbitration is Wilmington, Delaware, USA. Hearings will be conducted remotely by videoconference by default unless the arbitrator orders otherwise for good cause. The arbitrator's award shall be final and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section.
22.4 Small-Claims Carve-Out. Either party may bring an individual action in a small-claims court of competent jurisdiction in the claimant's local jurisdiction, provided the matter remains in that court (no removal, no class consolidation) and the amount in controversy is $10,000 or less.
22.5 Class-Action and Class-Arbitration Waiver. YOU AND KIFAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR PRIVATE ATTORNEY GENERAL ACTION. Unless both parties agree in writing, the arbitrator may not consolidate or join more than one person's claims and may not preside over any form of consolidated, representative, or class proceeding. Claims for public injunctive relief that cannot be waived under applicable law (e.g., California's McGill v. Citibank rule, which preserves the right to seek public injunctive relief notwithstanding an arbitration clause) may be brought in court only after the arbitrator has resolved all other claims.
22.6 Mass-Arbitration Protections. The default JAMS Mass Arbitration Procedures define a "Mass Arbitration" as 75 or more similar Demands for Arbitration, "or such other amount as is specified in the Parties' agreement(s)." The parties expressly contract for a lower threshold: if twenty-five (25) or more individuals submit substantially similar Notices of Dispute or arbitration demands within any sixty (60)-day window and are represented by the same or coordinated counsel, the following procedures apply: (a) the JAMS Mass Arbitration Procedures and Mass Arbitration Procedures Fee Schedule apply in full and govern; (b) a single Process Administrator will be appointed by JAMS to resolve preliminary and administrative matters, including compliance with Section 22.2, threshold and arbitrability disputes, and the propriety of individual demands; (c) the parties will select up to ten (10) bellwether cases (five (5) per side), which will be arbitrated first, with any remaining claims stayed pending good-faith mediation following the bellwether awards; (d) common procedural and threshold issues will be decided once and applied to all related claims; (e) statutes of limitation are tolled for all related claims during the bellwether/mediation process; and (f) Kifas reserves the right, in its sole discretion, to elect to have any or all such claims litigated in the Delaware state or federal courts in Wilmington in lieu of arbitration, in which case the class-action and class-arbitration waiver in Section 22.5 continues to apply.
22.7 30-Day Opt-Out. You may opt out of this Section 22 (other than Section 22.1 (Governing Law) and Section 22.5 (Class-Action Waiver, which always applies)) by emailing legal@kifas.io within thirty (30) days of first acceptance of these Terms with the subject line "Arbitration Opt-Out" and including your full name, Account email, and a clear statement that you opt out of arbitration. Kifas will maintain a dedicated process and tracked record for arbitration opt-out emails received within the 30-day window. Opt-out will not affect any other portion of these Terms.
22.8 Loser-Pays for Frivolous Claims. To the maximum extent permitted by Delaware law and JAMS rules, the arbitrator may award attorneys' fees and costs to the prevailing party where the arbitrator determines that a claim or defense was frivolous, brought in bad faith, or for purposes of harassment.
22.9 Severability; Blow-Up Clause. If any portion of this Section 22 is found unenforceable: (a) the unenforceable portion will be severed and the remainder will continue to apply; except that if the Class-Action and Class-Arbitration Waiver in Section 22.5 is found unenforceable as to any claim or in any forum, then the entire arbitration agreement in this Section 22 shall be null and void as to that claim, and that claim shall instead proceed exclusively in the state or federal courts located in Wilmington, Delaware, with each party waiving the right to a jury trial.
22.10 Exclusive Venue (Non-Arbitrable Disputes). For any dispute not subject to arbitration (including small-claims actions brought in non-local courts, claims for injunctive relief by Kifas to protect its intellectual property, and disputes following invocation of Section 22.9), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware, and waive any objection to personal jurisdiction or venue.
23. Indemnification
23.1 Indemnification by Customer. You will defend, indemnify, and hold harmless Kifas, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any third-party claim, demand, action, or proceeding ("Claim") and all related losses, damages, liabilities, settlements, judgments, fines, penalties, costs, and reasonable attorneys' fees arising out of or relating to: (a) your or Your Users' use of the Services; (b) Customer Content, Published Workflows, or your test targets (including any claim from the owner or operator of a website, app, system, or service that you tested or attempted to test using the Services); (c) your breach of these Terms, the AUP, or any policy incorporated by reference; (d) your violation of any law or any third-party right (including IP, privacy, publicity, and contractual rights); (e) your representations made to your own end users, customers, or third parties about AI outputs or test results derived from the Services; and (f) any combination of the Services with materials, systems, or services not provided by Kifas, to the extent the Claim arises from that combination.
23.2 IP Indemnification by Kifas (Paid Plans). For Customers on a paid plan (PAYG, Pro, or Enterprise) and current in payment of Fees, Kifas will defend, indemnify, and hold harmless Customer from and against any third-party Claim alleging that Customer's authorized use of the Services as delivered by Kifas infringes a U.S. or Israeli patent, copyright, trademark, or trade secret, and will pay damages and reasonable attorneys' fees finally awarded against Customer by a court of competent jurisdiction or in a settlement Kifas approves in writing. Kifas may, at its option: (i) modify the Services to be non-infringing without material reduction in functionality; (ii) obtain a license; or (iii) terminate the affected Services and refund prepaid, unused fees for the affected portion. Exclusions: Kifas's obligation under this Section 23.2 does not apply to claims arising from (1) combinations of the Services with non-Kifas materials, systems, or services; (2) modifications to the Services by Customer or any third party; (3) Customer's use of the Services after Kifas has notified Customer to cease such use; (4) Customer's use of the Services in breach of these Terms or the AUP; (5) Customer Content or Published Workflows; or (6) open-source components.
Liability cap on Section 23.2. Kifas's total cumulative liability under this Section 23.2 will not exceed the Fees actually paid by Customer to Kifas in the twelve (12) months immediately preceding the event giving rise to the Claim.
THIS SECTION 23.2 STATES KIFAS'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR THIRD-PARTY IP CLAIMS.
23.3 Procedure. The indemnified party will promptly notify the indemnifying party of any Claim, give the indemnifying party sole control of defense and settlement (provided settlement does not impose any non-monetary obligation on the indemnified party without its consent), and reasonably cooperate at the indemnifying party's expense.
24. Export Control; Sanctions; Trade Compliance
You represent and warrant that: (a) you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions administered by the U.S. Office of Foreign Assets Control ("OFAC"): currently Cuba, Iran, North Korea, and the Crimea, so-called Donetsk People's Republic, so-called Luhansk People's Republic, Zaporizhzhia, and Kherson regions of Ukraine (noting that pursuant to Executive Order 14312 of June 30, 2025, comprehensive Syria sanctions were revoked effective July 1, 2025, although certain Syrian persons remain on the SDN List under other authorities); (b) you are not a person identified on OFAC's Specially Designated Nationals and Blocked Persons (SDN) List, the U.S. Department of Commerce's Entity List or Denied Persons List, the EU consolidated sanctions list, the UK HM Treasury OFSI consolidated list, the UN Security Council Consolidated List, or any other applicable sanctions or denied-party list; (c) you will not use, export, re-export, transfer, or make the Services or any output available, directly or indirectly, to any such jurisdiction or person, or for any end use prohibited by the U.S. Export Administration Regulations (15 C.F.R. § 730 et seq.), the International Traffic in Arms Regulations, OFAC sanctions, or comparable Israeli or other applicable export-control or sanctions laws; and (d) you will not use the Services in connection with the development, design, manufacture, or use of nuclear, chemical, or biological weapons, missile technology, or for military end-uses or military end-users in restricted destinations. Kifas may block, suspend, or terminate access at any time as needed to comply with sanctions and export controls, without refund.
25. Anti-Bribery; Anti-Corruption
You will comply with all applicable anti-bribery, anti-corruption, and anti-money-laundering laws, including the U.S. Foreign Corrupt Practices Act, the Israeli Penal Law (anti-bribery provisions), and analogous laws in other jurisdictions in which you operate.
26. Notices
Notices to Kifas must be sent to legal@kifas.io and, if requested, by registered mail to Kifas Labs Ltd, Shikma 2, Dvira 8533000, Israel, attention: Refael Cohen. Notices to you may be sent to the email address on your Account or via an in-app notice. Notices are effective upon receipt (email) or three (3) business days after dispatch (mail).
27. Assignment; Force Majeure; Independent Contractors; No Waiver; Severability; Entire Agreement
You may not assign these Terms without our prior written consent; any attempted assignment without consent is void. Kifas may assign these Terms (or any rights or obligations under them) freely, including in connection with a merger, acquisition, financing, or sale of assets. Neither party will be liable for delay or failure due to events beyond reasonable control (force majeure), including natural disasters, war, terrorism, civil unrest, governmental action, labor disputes, network or utility failures, denial-of-service or other cyber attacks, supply-chain or upstream cloud-provider failures, AI-model-provider outages, epidemics, and pandemics. The parties are independent contractors; nothing creates a partnership, joint venture, employment, or agency relationship. Failure to enforce any right is not a waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the rest will remain in effect. These Terms, together with the AUP, Privacy Policy, Refund Policy, DPA, SLA, DMCA Policy, any Order Form, and any signed MSA, constitute the entire agreement between the parties and supersede all prior agreements, communications, and understandings.
28. U.S. Government Customers
The Services and any documentation are "commercial items," "commercial computer software," and "commercial computer software documentation" as defined in 48 C.F.R. § 2.101. U.S. Government use, modification, reproduction, release, performance, display, or disclosure is governed solely by these Terms.
29. Contact
All notices, questions, support, abuse reports, security disclosures, privacy requests, copyright (DMCA) notices, and legal communications should be sent to: legal@kifas.io. There is no separate support@, privacy@, dpo@, abuse@, or security@ address; all routing is to legal@kifas.io. Authorized signatory for all contractual matters and DMCA designated agent: Refael Cohen, Authorized Officer of Kifas Labs Ltd.