Public Offer

1. General provisions

1.1. This document constitutes an official public offer of the Kumo AI model access service (the “Provider”, “Kumo”) to conclude an agreement for the provision of AI model access services on the terms set out below (the “Agreement”).

1.2. Pursuant to Article 437 of the Civil Code of the Russian Federation, this document is recognized as a public offer. Full and unconditional acceptance of the terms of this offer by any individual (the “User”, the “Customer”) results in the conclusion of the Agreement on these terms.

1.3. This Offer is drafted in accordance with the applicable laws of the Russian Federation.

1.4. The following actions by the User constitute acceptance of this offer:

• registering an account on the Service’s official website https://openkumo.cloud (the “Website”);
• activating free trial (welcome) access to the services, where such access is provided;
• topping up the account balance or paying for any token package;
• performing any other actions evidencing actual use of the Service’s functionality.

1.5. The Agreement is deemed concluded from the moment the User performs any of the actions listed in clause 1.4, on the terms set out in this offer.

1.6. By accepting the offer, the User confirms that they have read the terms of the Agreement, fully understand its contents, and accept all terms without any exceptions or limitations.

1.7. The User confirms that they use the Service exclusively in accordance with the applicable laws of the Russian Federation and for lawful purposes.

2. Subject of the Agreement

2.1. Under this Agreement, the Provider undertakes to provide the Customer with access to artificial intelligence models via a unified application programming interface (API) and the Service’s web interface, and the Customer undertakes to accept and pay for these services in the manner and on the terms set out in this offer.

2.2. Access to the services is provided through:

• the Service’s official website https://openkumo.cloud (the user dashboard);
• the Service’s application programming interface (API);

through which unique API keys are generated and the balance and service subscriptions are managed.

2.3. The services are provided by issuing the Customer individual API keys containing the technical parameters for authorizing the Customer’s requests to the Provider’s servers and the connected AI models.

2.4. The Provider guarantees the confidentiality of transmitted data: the content of the Customer’s requests (prompts) and model responses is not stored after the request has been processed and is not used for model training.

3. Services and pricing

3.1. FREE TRIAL ACCESS. The Provider may offer the opportunity to try the services on the following terms:

• the token volume, validity period, and activation terms are determined by the Provider and displayed in the Service interface;
• the Provider reserves the right to change the trial access parameters (token volume, validity period, list of available models) unilaterally and without prior notice;
• the current trial terms are available in the Website interface;
• request processing speed: no artificial limits (depends on the load on the Provider’s servers and the model providers).

3.2. COMMERCIAL SERVICES. The Provider offers the following payment options:

• Balance top-up: the Customer credits an arbitrary amount to the account balance within the limits set by the Provider; funds are debited based on actual usage — for actually processed tokens at the rates of the selected models displayed in the Service interface;
• Prepaid token packages: a fixed volume of tokens for a specific model or group of models; the composition, volume, and price of packages are set by the Provider and displayed in the Service interface;
• Volume pricing: as the purchased package volume increases, the unit price may decrease in accordance with the pricing grid displayed in the Service interface.

3.3. The price of the services is set in Russian rubles and is current as of the moment of payment by the Customer. The Service interface may additionally display prices in US dollars at the Service’s internal exchange rate.

3.4. The Provider reserves the right to change service prices, with mandatory notice to Users at least 7 (seven) calendar days before the changes take legal effect.

3.5. Pricing changes do not apply to previously credited balance or previously purchased token packages: credited funds and purchased volumes remain with the Customer; usage is debited at the rates in effect at the time the request is executed.

4. Payment procedure

4.1. The Provider’s services are paid by the Customer on a 100% prepayment basis via the payment systems integrated into the Website.

4.2. The Provider accepts payment by: bank cards of international and Russian payment systems (Visa, Mastercard, MIR), cryptocurrency payments, and other methods available through the Provider’s payment providers. The current list of payment methods is displayed in the Service interface at the time of payment.

4.3. The service is deemed paid from the moment the funds are actually credited to the account of the payment system servicing the Provider’s transactions.

4.4. After a successful payment, the funds are immediately credited to the Customer’s account balance (or the purchased token package is activated), and the Customer automatically gains access to the paid services.

4.5. The Provider is not responsible for possible delays in payment processing caused by circumstances beyond its control (technical failures of payment systems or acquiring banks, or issues on the side of the Customer’s card-issuing bank).

4.6. The document confirming payment is the electronic notification from the payment system sent to the Customer, as well as the corresponding record in the Provider’s accounting system.

5. Rights and obligations of the Provider

5.1. The Provider undertakes to:

• provide the Customer with access to the Service and the connected AI models while the balance is positive or a token package is active;
• maintain the server infrastructure operational at least 95% (ninety-five percent) of the time in a calendar month;
• guarantee encryption of transmitted traffic and confidentiality of the Customer’s requests;
• provide consulting and technical support to Users via the feedback form on the Website and the support email address listed on the Website;
• inform Customers in due time about planned maintenance that may affect service availability.

5.2. The Provider has the right to:

• suspend the services for scheduled or emergency maintenance, with prior notice to Customers;
• block the Customer’s access to the services if violations of this Agreement are identified;
• amend the terms of this offer in compliance with the established notification procedure;
• discontinue the services with a refund of the actually unused balance;
• change the list of available AI models and their providers depending on technical and economic factors.

5.3. The Provider guarantees that it does not log the content of Users’ requests (prompt texts and model responses) and does not monitor the content of the Customers’ transmitted data. Only request metadata (date and time, selected model, number of processed tokens) is stored for billing purposes.

6. Rights and obligations of the User

6.1. The Customer undertakes to:

• use the services exclusively for lawful purposes and in accordance with the applicable laws of the Russian Federation;
• not use the Service for unlawful activities;
• keep API keys confidential and not share them with third parties;
• refrain from actions aimed at disrupting the Provider’s server infrastructure;
• pay for the services used in due time;
• comply with the Service usage rules and the provisions of this offer.

6.2. The Customer has the right to:

• request a refund in accordance with Section 10 of this offer and the applicable laws of the Russian Federation;
• receive technical support and advice on setting up and using the services;
• stop using the Service at any time in compliance with the established procedure.

7. Usage restrictions

7.1. It is strictly PROHIBITED to use the Provider’s services for unlawful activities, including but not limited to:

• creating and distributing computer viruses, trojans, spyware, and other malicious software, including with the use of AI models;
• organizing DDoS attacks, flooding, and other actions aimed at disrupting the operation of third parties’ network resources or the Provider’s infrastructure;
• unauthorized access to information systems, account hacking, personal data theft;
• mass mailing of unsolicited messages (spam) via email, messengers, or other communication channels, including generating content for such mailings;
• infringement of exclusive rights to intellectual property, including unlawful distribution of copyrighted content;
• violating the acceptable use policies of the AI model providers accessed through the Service;
• any other actions prohibited by the laws of the Russian Federation.

7.2. If the Customer is found to have violated the conditions listed in clause 7.1, the Provider may immediately block access to the services without prior notice and without refunding the paid funds.

8. Liability of the parties

8.1. For non-performance or improper performance of their obligations, the Parties are liable in accordance with the provisions of this Agreement and the applicable laws of the Russian Federation.

8.2. The Provider is NOT liable for:

• the quality, stability, and speed of the Customer’s internet connection provided by their internet service provider;
• blocking of access to the Provider’s servers by the Customer’s internet service providers or state regulatory bodies;
• actions or omissions of third parties, including payment systems, hosting providers, telecom operators, and AI model providers;
• the content, quality, accuracy, and completeness of responses generated by AI models;
• technical incompatibility of the Customer’s devices and software with the technologies used by the Service;
• any direct or indirect losses arising from the use or inability to use the services, including losses from the use of generated materials;
• the content of information transmitted by the Customer through the Service and materials generated at the Customer’s request;
• administrative or criminal prosecution of the Customer in case of unlawful use of the Service.

8.3. The Provider’s maximum liability is in any case limited to the amount actually paid by the Customer for the services during the 30 (thirty) calendar days preceding the event giving rise to the liability.

8.4. The Customer bears full personal responsibility for the use of the Provider’s services and undertakes to independently settle all third-party claims arising in connection with such use.

9. Dispute resolution

9.1. All disputes, disagreements, and claims arising out of or in connection with this Agreement shall be resolved through negotiations between the Parties.

9.2. If no agreement is reached through negotiations, the dispute shall be referred to the court at the Provider’s location in accordance with the jurisdiction rules established by the applicable procedural laws of the Russian Federation.

9.3. The pre-trial claim procedure is mandatory before applying to court. The Customer submits a written claim via the feedback form on the Service’s official Website, to the support email address listed on the Website, or by any other available means. The claim is reviewed and a reasoned response is provided within 15 (fifteen) business days of its receipt.

10. Term and termination

10.1. This Agreement enters into legal force upon the Customer’s acceptance of this offer and remains in effect until the Parties fully perform their obligations.

10.2. The Customer may unilaterally refuse the services at any time by ceasing to use them and deleting the API keys in the dashboard.

10.3. If the Customer refuses paid services, the refund of the actually unused balance is considered by the Provider upon the Customer’s written request in accordance with the applicable laws of the Russian Federation.

10.4. The Provider may terminate the Agreement unilaterally in case of a material breach of this offer by the Customer, with 3 (three) calendar days’ prior notice.

11. Final provisions

11.1. This offer is the Provider’s official public document and is available on the Service’s official Website in the legal documents section.

11.2. The text of the offer may be amended and supplemented by the Provider unilaterally without the Customers’ prior consent. The updated version takes legal effect upon its official publication.

11.3. The Customer undertakes to independently monitor changes to the terms of this offer by periodically reviewing the current version of the document.

11.4. If a court finds any individual provision of this offer invalid, this does not entail the invalidity of the remaining provisions or of the offer as a whole.

11.5. The relations of the Parties arising from this Agreement are governed by the substantive and procedural law of the Russian Federation.

11.6. A Party’s acknowledgment of the conclusion of this Agreement is made in the form of acceptance of the offer, which, under applicable law, is equivalent to both Parties signing a written agreement.