Kernel Terms of Service (Individual)

Effective date: August 28, 2026

These Terms of Service (the "Terms") are a binding agreement between you ("you," "your") and Even Flow LLC, a Texas limited liability company doing business as Kernel ("Kernel," "we," "us," "our"). They govern your access to and use of Kernel software, hosted services, documentation, and related materials.

By creating an account, accepting these Terms during signup or installation, clicking an "I agree" control, or accessing or using the Software or Services, you agree to these Terms. If you do not agree, do not create an account, install, or use the Software or Services.

These are the Individual terms. They apply to natural persons using Kernel personally, for education or research, for evaluation, or to found and operate their own ventures. If you are accepting on behalf of an established business for that business's internal operations, the Business & Enterprise Terms of Service apply instead, and you must not rely on these Individual terms.

1. Agreement and acceptance

1.1 Binding contract. These Terms form a legally binding contract. You represent that you have read them, understand them, and have the legal capacity to enter into them.

1.2 How you accept. You accept by any of the following: (a) creating a Kernel account and checking the box that you agree; (b) completing installation or first-run acceptance in the Kernel application; (c) redeeming an invitation, grant, or other access we issue; or (d) accessing or using the Software or Services after we have presented these Terms to you.

1.3 Electronic records. You consent to receive these Terms, notices, and related records electronically, and agree that electronic acceptance has the same force as a wet-ink signature.

1.4 Entire agreement. These Terms, together with any written permission, order, or subscription confirmation we issue to you, are the entire agreement between you and Kernel regarding the Software and Services. They supersede prior oral or written terms on that subject, including earlier versions of Kernel terms that contained an equity, revenue-share, or similar success-fee commitment.

2. Who we are

2.1 Kernel is operated by Even Flow LLC. References to "Kernel" in product, documentation, and these Terms mean that company, doing business as Kernel.

2.2 Contact. Legal notices and questions about these Terms: [email protected]. Operational and support questions may use the contact methods published in the Services.

2.3 We may use contractors, subprocessors, and affiliated entities to operate the Services. We remain responsible for their performance as it relates to these Terms.

3. Definitions

In these Terms:

• Software means the Kernel runtime, desktop and command-line applications, installers,

protocol components, agents, skills, organs, documentation, sample materials, and updates we make available to you, in object or source form.

• Services means the hosted systems we operate in connection with the Software, including

account, authentication, onboarding, invitations, grants, distribution, updates, collaboration, and related cloud features.

• Account means the credentials and profile created when you register with Kernel.
• Entitlement means a current, valid right we have issued to you to access the Software or

Services. Entitlements include, without limitation: (a) an Account in good standing; (b) an invitation, grant, seat, node-session, or similar access credential we or an authorized grantor issue; and (c) a paid Subscription, when we offer one.

• Node means an instance of Kernel you operate on hardware you control, together with the data,

repositories, and configuration it manages.

• Output means software, documents, data, media, businesses, products, and other works you

create, generate, or obtain through your use of the Software or Services, including work produced with the assistance of AI agents the Software orchestrates. Output does not include the Software itself, our trademarks, or the Services.

• Non-Commercial Use means use that is personal, household, educational, academic, research,

hobby, charitable (non-profit), or internal evaluation, and that is not Commercial Use.

• Commercial Use means use of the Software or Services: (a) in the production operations of a

for-profit organization; (b) to provide Kernel, or a Kernel-powered capability, to third parties for compensation or other commercial advantage; (c) to host, rent, lease, or sublicense the Software; or (d) to commercially distribute the Software itself, whether or not modified.

• Subscription means a paid plan we offer, when available, that grants permission for Commercial

Use and states seats, nodes, term, and fees.

• Written Permission means a written or electronic authorization from Kernel (including an

accepted order or an active Subscription) that expressly permits Commercial Use.

Using Kernel as a tool to write, design, or build Output that you later sell — where you are not hosting, redistributing, or providing the Software itself — is not, by itself, Commercial Use of the Software. Operating Kernel as the production control plane of a for-profit organization is Commercial Use.

4. Eligibility

4.1 You must be at least 18 years old, or the age of majority in your jurisdiction, whichever is greater.

4.2 You must not be barred from using the Software under the laws of the United States or your jurisdiction, including export-control and sanctions rules.

4.3 If you accept these Terms on behalf of another person, you represent that you have authority to bind that person. If you lack that authority, you accept these Terms in your personal capacity as well.

5. Accounts, access, and entitlements

5.1 Account required for the Services. Features of the Services that require an identity (signup, invitations, grants, hosted collaboration, updates tied to an account) require an Account. You must provide an accurate full name and email address and keep them current.

5.2 Entitlement required for the Software. The license in Section 6 is conditioned on a valid Entitlement. We may refuse, suspend, or revoke an Entitlement if these Terms are breached, if the Account is closed, or if required by law.

5.3 Credentials. You are responsible for safeguarding passwords, session tokens, device credentials, and any secrets stored in connection with Kernel. You are responsible for activity under your Account and Nodes, including actions taken by AI agents you run. Notify us promptly if you believe your Account has been compromised.

5.4 Invitations and grants. If you access Kernel through an invitation or grant issued by another person, you still accept these Terms. That person's grant does not expand our obligations to you, and it does not transfer our intellectual property.

5.5 No shared Accounts. You may not sell, rent, or share your Account. You may not misrepresent your identity.

5.6 Nodes run on your machines. Your Nodes and their contents run on hardware you control. The Services do not, by ordinary installation or use, host the contents of your Nodes. You are responsible for backups, physical security, and the operating system of those machines.

6. License grant (entitlement-based, MIT-style permissions)

6.1 Grant. Subject to these Terms and to a valid Entitlement, Kernel grants you a worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to:

(a) install, run, and use the Software on machines you own or control;

(b) copy the Software as reasonably necessary for that use, including backups;

(c) modify the Software for your own use (including configuring, extending, and writing skills, organs, and local integrations);

(d) create Output; and

(e) do the above for Non-Commercial Use without a Subscription and without additional fees.

This grant is intended to be as easy to live with as a permissive open-source license for people who hold an Entitlement: you may use and adapt Kernel for your own work without royalties and without giving Kernel equity in what you build. It is not an OSI open-source license. The Software is proprietary. All rights not expressly granted are reserved.

6.2 Notice retention. If you copy or modify the Software, you must retain copyright, trademark, and license notices that appear in the materials we provide, except as we permit in writing.

6.3 No implied rights. No trademark, patent, or publicity license is granted except as needed to use the Software as designed. You may not use Kernel's names or logos to suggest sponsorship without our prior written consent.

6.4 Source availability. Some Kernel components may be provided in source form for your inspection, modification, or contribution. Source availability does not make the Software open source and does not grant rights beyond this Section 6.

6.5 Third-party components. The Software may include third-party open-source components. Those components remain under their own licenses, which we will identify in notices we ship. Those licenses govern those components; these Terms govern Kernel's own materials.

7. What you own — no equity, no revenue share

7.1 Your Output is yours. As between you and Kernel, you own your Output. We claim no equity, no option, no warrant, no revenue share, and no ownership interest in any business, company, product, or intellectual property you found, build, or operate, merely because you used Kernel to build it.

7.2 No success fee. Earlier Kernel terms included a "success equity" or similar commitment tied to financings or revenue of ventures built with the Software. That commitment is withdrawn and does not apply under these Terms. We will not assert it against you for use under this version. If you accepted an earlier version, these Terms replace that equity commitment going forward.

7.3 License back (limited). You grant Kernel a limited, worldwide, royalty-free license to host, transmit, and process Account data and any content you submit to the Services, solely to operate, secure, and improve the Services and to fulfill these Terms. That license is not a claim on your Output stored on your own Nodes.

7.4 Feedback. If you send suggestions, ideas, or error reports, you grant Kernel a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you. Feedback is not confidential unless we agree otherwise in writing.

8. Commercial Use — permission and future paid plans

8.1 Commercial Use requires permission. The license in Section 6 does not, by itself, authorize Commercial Use. Commercial Use requires either:

(a) an active Subscription that expressly covers that use; or

(b) other Written Permission from Kernel.

8.2 Plans not yet generally offered. As of the effective date, Kernel does not generally sell Subscriptions. We intend to offer paid plans. Until a plan is available to you, Commercial Use is allowed only with our prior Written Permission. Requests: [email protected].

8.3 Evaluation of Commercial Use. You may evaluate the Software for a bona fide, non-production assessment of Commercial Use for up to thirty (30) days without Written Permission, unless we specify a different evaluation period in writing. Evaluation does not include providing Kernel to third parties or running it as a production control plane.

8.4 Creating a business is allowed. You may use Kernel under Section 6 to found, design, and build a venture and its Output. That remains Non-Commercial Use until you use the Software itself in a way that meets the definition of Commercial Use in Section 3.

8.5 When a Subscription exists. If and when you purchase a Subscription, the order, plan description, and these Terms together constitute Written Permission for the Commercial Use described in that plan, for the term and at the seat/node limits stated. Fees, taxes, renewals, and refunds will be as stated in the order. We may suspend Commercial Use for non-payment after notice.

8.6 No circumvention. Creating multiple free Accounts, using someone else's Entitlement, or relabeling production use as "evaluation" to avoid Section 8 is a breach.

9. Restrictions

Except as Section 6 allows, or as a law expressly permits despite this restriction, you will not:

(a) redistribute, sell, rent, lease, sublicense, or host the Software for third parties;

(b) provide the Software as a hosted, managed, or bureau service;

(c) reverse engineer, decompile, or disassemble the Software, except to the extent a law gives you a non-waivable right to do so;

(d) remove, alter, or obscure proprietary notices;

(e) circumvent technical limits, Entitlement checks, rate limits, or security controls;

(f) probe, scan, or test the vulnerability of the Services except with our prior written consent;

(g) use the Software or Services to violate law or the rights of others, including privacy, publicity, and intellectual-property rights;

(h) attempt unauthorized access to any Node, Account, or system that is not yours;

(i) use the Software to build a product that competes by replicating Kernel's protocol or runtime for distribution to others;

(j) misrepresent Output as produced solely by a human when applicable law requires disclosure of AI assistance; or

(k) use the Services to send spam, malware, or unsolicited bulk messages.

10. Acceptable use and AI agents

10.1 Kernel orchestrates AI agents and tools that can read, write, and run code on your Nodes. You are the operator. You must supervise those agents, set appropriate permissions, and remain responsible for their actions.

10.2 You will not instruct agents to commit crimes, to violate these Terms, or to access systems you are not authorized to access.

10.3 High-risk uses. You will not use the Software as the sole control system for medical devices, aviation, nuclear facilities, or other uses where failure could cause death, serious injury, or catastrophic environmental damage, unless we have given Written Permission for that use.

10.4 We may investigate suspected abuse and may suspend Entitlements that we reasonably believe are being used to attack others, to evade these Terms, or to violate law.

11. Your content, privacy, and data

11.1 Node data stays with you. Repositories, documents, and Node state remain on machines you control and are not uploaded to the Services by installation or ordinary local use.

11.2 What the Services collect. The Services collect information you provide at signup (name, email), Terms-acceptance records (tier, version, timestamp), operational records (invitations, grants, device metadata needed to operate collaboration and updates), and diagnostic information you choose to send (for example a support report). We do not sell your personal information.

11.3 Use of Account data. We use Account data to operate the Services, authenticate you, deliver invitations and security notices, provide updates, prevent abuse, and communicate about the Software. We may use aggregated or de-identified information to improve Kernel.

11.4 Legal process. We may disclose Account data if required by law, legal process, or to protect Kernel, our users, or the public from harm, and we will give notice where lawful and reasonably practical.

11.5 Your communications. Email and in-product messages we send may include transactional notices that are part of the Services. You may opt out of non-essential marketing mail, if we send any, using the instructions in those messages.

12. Third-party software and models

12.1 Kernel orchestrates tools you install and license separately, including AI coding agents, language-model providers, version-control systems, and package managers. Your use of those tools is governed solely by their own terms. You are responsible for API keys, usage limits, fees, and compliance with those terms.

12.2 Output from third-party models may be inaccurate, incomplete, or infringing. Kernel does not warrant third-party output. You must review it before you rely on it.

12.3 We are not a party to your agreements with third-party providers and are not responsible for their outages, policy changes, or content filters.

13. Updates, versions, and changes to the Software

13.1 We may provide updates that add, change, or remove features. The Software may check for and download updates from the Services. We are not obligated to maintain any particular version.

13.2 Pre-release, beta, or experimental features are provided as-is, may be withdrawn at any time, and may be less reliable than generally available features.

13.3 You may decline updates, but older versions may lose access to the Services or to Entitlement checks.

14. Fees

14.1 Individual Non-Commercial Use under Section 6 does not require a fee.

14.2 Commercial Use, when we offer Subscriptions, will require payment as stated in the applicable order. Until then, Section 8.2 applies.

14.3 We may introduce new paid features. We will not convert an existing Non-Commercial Entitlement into a paid requirement for the same Non-Commercial Use without notice and a chance to stop using the Software.

15. Intellectual property of Kernel

15.1 Kernel and its licensors own the Software, Services, documentation, and all associated intellectual property. These Terms do not sell the Software.

15.2 You will not contest Kernel's ownership of the Software or assist others in doing so.

15.3 Copyright and other notices in the Software must be left intact as required by Section 6.2.

16. Confidentiality

16.1 If we share non-public information marked confidential, or that a reasonable person would understand is confidential (including unpublished product plans and non-public security details), you will use it only to use Kernel and will not disclose it except to people who need it and who are bound to protect it.

16.2 Confidentiality does not apply to information that is public through no fault of yours, independently developed, or rightfully received from a third party without duty.

16.3 You may disclose confidential information if required by law, with prior notice where lawful.

17. Disclaimer of warranties

THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR THAT OUTPUT WILL BE ACCURATE OR FIT FOR YOUR PURPOSE.

KERNEL ORCHESTRATES AUTONOMOUS AI AGENTS. YOU ARE RESPONSIBLE FOR SUPERVISING THEIR ACTIONS AND FOR ALL DECISIONS MADE AND ACTIONS TAKEN ON YOUR NODES AND WITH YOUR CREDENTIALS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, THE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KERNEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SOFTWARE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNTS YOU PAID US FOR THE SOFTWARE OR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, AND OTHERWISE) AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN. KERNEL WOULD NOT PROVIDE THE SOFTWARE WITHOUT THEM.

19. Indemnification

You will defend, indemnify, and hold harmless Kernel and its officers, members, employees, and agents from and against claims, damages, losses, and reasonable expenses (including attorneys' fees) arising from: (a) your use of the Software or Services in violation of these Terms or of law; (b) your Output; (c) the operation of your Nodes and the actions of agents you run; or (d) a dispute between you and a third party relating to your use of Kernel.

20. Suspension and termination

20.1 By you. You may stop using the Software at any time and may delete your Account through the Services, subject to any outstanding Commercial Use permissions you have asked us to wind down.

20.2 By us. We may suspend or terminate your license, Entitlement, or Account if: (a) you materially breach these Terms; (b) we are required to do so by law; (c) your use poses a security or legal risk; or (d) we discontinue the Software or Services, with reasonable notice where practical.

20.3 Effect. On termination the license ends and you must cease use of the Software. Your Output and Node data remain yours, on your machines. We may retain Account records as required for legal, security, and accounting purposes.

20.4 Survival. Sections 7, 9, 11.4, 12, 15 through 19, 20.3, 20.4, and 21 through 26 survive termination.

21. Changes to these Terms

21.1 We may update these Terms. The version you accepted is recorded with your Account (`tos_version`). The current version is published at https://app.kernel-os.ai/terms (or the successor URL we publish).

21.2 For material changes we will notify you (for example by email or in the Services). Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Software and may delete your Account.

21.3 If a material change adversely affects Non-Commercial Use you were already making in compliance with the prior version, you may continue that specific use under the prior version for thirty (30) days after notice while you migrate or stop.

22. Export, sanctions, and government users

22.1 You will not export, re-export, or transfer the Software except as permitted by U.S. and other applicable export-control and sanctions laws.

22.2 You represent that you are not located in a comprehensively sanctioned jurisdiction and are not a denied or restricted party.

22.3 If you are a U.S. government end user, the Software is "commercial computer software" developed at private expense, provided with only those rights in these Terms.

23. Governing law and disputes

23.1 These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

23.2 The state and federal courts located in Travis County, Texas have exclusive jurisdiction over disputes arising out of these Terms, and each party consents to personal jurisdiction and venue there.

23.3 Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.

23.4 You and Kernel waive any right to a jury trial to the extent waivable, and you may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action, except where a law makes that waiver unenforceable.

24. Informal resolution

Before filing a claim, you agree to try to resolve the dispute informally by writing to [email protected] with a description of the dispute and the relief you seek. We will attempt in good faith to resolve it within thirty (30) days of receiving a complete notice. This Section does not limit either party's right to seek injunctive relief.

25. General

25.1 Assignment. You may not assign these Terms without our consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets, provided the successor agrees in writing to be bound. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

25.2 Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary, and the remainder remains in effect.

25.3 Waiver. Failure to enforce a provision is not a waiver. Waivers must be in writing.

25.4 Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including outages of third-party networks, model providers, or utilities.

25.5 No agency. These Terms do not create a partnership, joint venture, or employment relationship. You are not Kernel's agent.

25.6 Interpretation. Headings are for convenience only. "Including" means "including without limitation." If we provide a translation, the English version controls.

25.7 Notices. We may notify you at the email on your Account. You may notify us at [email protected]. Notices are deemed given on the next business day after sending, except that notice of a dispute under Section 24 is deemed given when we confirm receipt.

25.8 Construction. These Terms are the product of negotiation and will not be construed against the drafter.

26. Contact

Kernel — Even Flow LLC [email protected]

Public terms: https://app.kernel-os.ai/terms

End of Individual Terms of Service.