Terms and Conditions

Please read these Terms and Conditions (“Terms”) carefully before using the websites, products, or services (collectively, the “Services”) operated by Advent Development, Inc. (“Company,” “we,” “us,” or “our”), including the Kudu desktop application and Kudu Cloud. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

Use of the Services

You may use the Services only in compliance with these Terms and all applicable laws and regulations. You are responsible for ensuring that your use of the Services does not violate any applicable law or regulation. You must not misuse the Services, including but not limited to interfering with or disrupting the integrity or performance of the Services, attempting to gain unauthorized access to any systems or networks, or using the Services for any unlawful purpose.

Accounts

Certain features of the Services, such as Kudu Cloud, may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Subject to the Lifetime Plans section below, we reserve the right to suspend or terminate your account at any time, with or without cause and with or without notice.

Lifetime Plans

We may offer Kudu Cloud plans for a single, one-time payment (“Lifetime Plans”). “Lifetime” means for as long as we operate Kudu Cloud as a service. It does not refer to the life of any person, device, or organization, and it is not a promise that Kudu Cloud will be operated for any minimum period.

A Lifetime Plan covers the number of devices and the plan features described at the time of purchase. Features we add to Kudu Cloud later are not automatically included. Lifetime Plans are subject to reasonable fair-use limits on resource-intensive features, including AI-powered features, scanning, and data retention, which we may set and adjust to keep the service sustainable. A Lifetime Plan belongs to the organization it was purchased for and cannot be transferred.

Refunds. You may request a full refund of a Lifetime Plan for any reason within thirty (30) days of purchase. After that, refunds are available only as described below or where required by applicable law. A refunded Lifetime Plan ends immediately.

If Kudu Cloud is discontinued. We will give at least ninety (90) days’ notice by email before discontinuing Kudu Cloud. If we discontinue Kudu Cloud within twelve (12) months of your Lifetime Plan purchase, you may request a full refund of the purchase price by contacting us within sixty (60) days of the discontinuation notice. If we discontinue Kudu Cloud more than twelve (12) months after your purchase, your Lifetime Plan ends when the service ends and no refund is due. The open-source Kudu desktop application is not affected by the discontinuation of Kudu Cloud and continues to work on your devices.

We may end a Lifetime Plan without refund if you materially breach these Terms, including through misuse of the Services, fraud, or a chargeback of the purchase. Nothing in this section limits any rights you have under consumer protection laws that cannot be waived by agreement.

Intellectual Property

The Services, including all content, features, and functionality, are owned by the Company or its licensors and are protected by intellectual property laws. The Kudu desktop application is made available under an open source license; the specific license terms are included with the application source code. Kudu Cloud and related proprietary components remain the exclusive property of the Company.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU USE THE SERVICES AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100.00).

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

Termination

We may terminate or suspend your access to the Services at any time, with or without cause and with or without notice, except that a Lifetime Plan may only be ended as described in the Lifetime Plans section. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to warranty disclaimers, limitations of liability, and indemnification obligations.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of Delaware.

Changes to These Terms

We reserve the right to modify these Terms at any time. Any changes will be reflected by updating the “Last updated” date at the top of this page. Your continued use of the Services after any changes constitutes acceptance of the updated Terms. It is your responsibility to review these Terms periodically for changes.

Contact Information

If you have any questions about these Terms, please contact us at:

Advent Development, Inc.
Email: legal@advent.dev
Web: advent.dev