Kymata

Legal

Terms of Service

Last updated: March 24, 2026

These Terms of Service ("Terms") govern access to and use of websites, applications, and services operated by Kymata Inc. ("Kymata," "we," "us," or "our"), including kymata.ai and the Kymata Technology Value Management platform (collectively, the "Services"). If you purchase Kymata on behalf of an organization, you represent that you have authority to bind that organization. Certain paid or enterprise offerings may also be governed by an order form, statement of work, and/or master subscription agreement ("MSA")—if there is a conflict, the MSA controls for the subject matter it covers.

1. Agreement to these Terms

By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services. We may update these Terms from time to time; continued use after the effective date of changes constitutes acceptance of the revised Terms, except where prohibited by law.

2. Eligibility and accounts

The Services are intended for businesses and professional users. You must be at least the age of majority in your jurisdiction to use the Services. You are responsible for maintaining the confidentiality of credentials and for all activity under your account. You must notify us promptly of any unauthorized access or security incident related to your account.

3. The Services

Kymata provides cloud software and related services to help organizations evaluate and manage technology investments. Features, availability, and support levels may depend on your subscription tier or order. We may modify or discontinue features with reasonable notice where required, or immediately where necessary for security, compliance, or operational reasons.

4. Customer data and instructions

"Customer Data" means data and content that you or your users submit to the Services (for example, portfolio, vendor, financial, or workflow information). As between you and Kymata, you retain ownership of Customer Data. You grant Kymata a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, and improve the Services and as described in our Privacy Policy and any applicable agreement. You represent and warrant that you have all rights and consents necessary to provide Customer Data and to grant this license.

You will not submit unlawful or infringing content or content that contains malware. You are responsible for the accuracy, quality, and legality of Customer Data and the means by which you acquired it.

5. License to use the Services

Subject to these Terms and payment of applicable fees, Kymata grants you a non-exclusive, non-transferable (except as permitted in writing), revocable license to access and use the Services during the subscription term for your internal business purposes. You may not sublicense, sell, resell, or lease the Services except as expressly permitted in a separate written agreement.

6. Acceptable use

You agree not to:

  • Violate applicable laws or third-party rights
  • Probe, scan, or test vulnerabilities of the Services, or bypass security or access controls
  • Use the Services to distribute malware, conduct denial-of-service attacks, or send unsolicited messages in violation of law
  • Reverse engineer, decompile, or disassemble the Services except where such restrictions are prohibited by law
  • Use the Services to build a competing product or service or to mine data without consent
  • Misrepresent identity, affiliation, or authority, or access the Services using another user's credentials without permission

We may investigate violations and suspend or terminate access where we reasonably believe there is risk to the Services, other customers, or third parties.

7. Integrations and third-party services

The Services may integrate with or link to third-party systems. Those services are governed by their own terms and privacy policies. Kymata is not responsible for third-party services or data processed outside the Services.

8. Fees and taxes

Fees, billing cycles, and payment methods are set forth in your order or checkout flow. Unless otherwise stated, fees are in U.S. dollars and are non-refundable except as required by law or expressly stated in your agreement. You are responsible for applicable taxes, duties, and government charges, excluding taxes based on Kymata's net income. If you fail to pay fees when due, we may suspend access to the Services after notice where required.

9. Confidentiality

Each party may receive non-public information of the other ("Confidential Information"). The receiving party will use the same degree of care it uses to protect its own confidential information (but no less than reasonable care) and will not disclose Confidential Information except to personnel and advisers who need to know and are bound by confidentiality obligations. Standard confidentiality exceptions apply (public domain, independently developed, rightfully received from a third party, or required by law).

10. Intellectual property

Kymata and its licensors own all rights, title, and interest in and to the Services, including software, documentation, trademarks, logos, and aggregated or de-identified analytics derived from use of the Services. Except for the limited license in Section 5, no rights are granted to you.

If you provide feedback or suggestions about the Services, you grant Kymata a perpetual, irrevocable, royalty-free license to use that feedback without obligation to you.

11. Privacy

Our collection and use of personal information is described in our Privacy Policy. Enterprise customers may have additional data protection obligations under a data processing addendum.

12. Warranties disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KYMATA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KYMATA OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR LIABILITY THAT CANNOT BE LIMITED BY LAW, KYMATA'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO KYMATA FOR THE SERVICES DURING THAT PERIOD OR (B) ONE HUNDRED U.S. DOLLARS (US$100), IF YOU HAVE NOT INCURRED FEES. MULTIPLE CLAIMS WILL NOT ENLARGE THIS CAP.

14. Indemnification

You will defend, indemnify, and hold harmless Kymata and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to Customer Data, your use of the Services in violation of these Terms, or your violation of applicable law.

15. Term, suspension, and termination

These Terms continue until terminated. You may stop using the Services at any time. We may suspend or terminate access if you materially breach these Terms and fail to cure within a reasonable period after notice where cure is feasible, or immediately where necessary for legal or security reasons. Upon termination, your right to access the Services ceases; provisions that by their nature should survive will survive (including intellectual property, confidentiality, disclaimers, limitations of liability, and governing law).

Data export and deletion after termination may be governed by your order or MSA.

16. Export and sanctions

You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties. You will comply with all applicable export and sanctions laws.

17. Government users

If you are a U.S. government entity, the Services are "commercial computer software" and "commercial computer software documentation" as those terms are used in applicable regulations. Use is subject to these Terms.

18. General

  • Assignment: You may not assign these Terms without our prior written consent. Kymata may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Force majeure: We are not liable for delays or failures due to events beyond our reasonable control.
  • Severability: If a provision is unenforceable, the remainder remains in effect.
  • No waiver: Failure to enforce a provision is not a waiver.
  • Entire agreement: These Terms, together with the Privacy Policy and any applicable order or MSA, constitute the entire agreement regarding the subject matter hereof.
  • Notices: We may provide notices via email, the Services, or posting on our website. Legal notices to Kymata may be sent to the address below.

19. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to applicable law and any mandatory arbitration provisions in your enterprise agreement, you and Kymata consent to the exclusive jurisdiction of the state and federal courts located in Delaware for resolving disputes arising out of or related to these Terms or the Services, and waive any objection to venue in those courts.

20. Contact

Questions about these Terms:

These Terms are provided for informational purposes. Your legal team should review them alongside your order form and any MSA or data processing addendum.