Terms of Service

These Terms of Service govern access to and use of bkonAI, operated by Lemonada Labs, LLC, a California limited liability company.

By accessing or using bkonAI, you agree to these Terms. If you do not agree, do not access or use the Platform.

1. Parties

"Company," "we," "us," and "our" mean Lemonada Labs, LLC.

"Platform" means bkonAI, including all websites, software, dashboards, workflows, data outputs, reports, alerts, integrations, documentation, and related services.

"Customer," "you," and "your" mean the business, organization, or individual accessing or using the Platform.

2. Business Use Only

The Platform is intended for business and commercial use.

You represent and warrant that:

You are at least 13 years old.
You have authority to bind the business or organization you represent.
You will use the Platform only for lawful business purposes.
You will comply with these Terms and all applicable laws.

We reserve the right to refuse, suspend, restrict, or terminate access at any time.

3. Platform Purpose

The Platform helps identify, interpret, and activate business signals for sales, marketing, outreach, pipeline development, and go-to-market execution.

Platform features may include:

Signal detection.
Account monitoring.
Market intelligence.
Sales playbooks.
Email copy.
LinkedIn copy.
Call scripts.
CRM-ready outputs.
Advertising and retargeting support.
AI-generated recommendations.

The Platform does not guarantee sales results, revenue, meetings, conversions, pipeline, accuracy, or regulatory compliance.

4. Account Registration

You agree to provide accurate and complete information.

You are responsible for:

All activity under your account.
Protecting login credentials.
Notifying us of unauthorized access.
Ensuring users under your account follow these Terms.

We are not liable for losses caused by unauthorized use of your account.

5. License to Use the Platform

Subject to these Terms and payment of all applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for internal business purposes.

You receive no ownership rights in the Platform. All rights not expressly granted remain with us.

6. Restrictions

You shall not:

Copy, modify, reverse engineer, decompile, disassemble, or attempt to derive source code.
Use the Platform to build, train, improve, or support a competing product.
Resell, sublicense, lease, rent, distribute, or commercialize access.
Use automated scraping, bots, crawlers, or unauthorized extraction tools.
Interfere with Platform security, availability, performance, or integrity.
Bypass access controls or usage limits.
Misrepresent Platform outputs as verified facts.
Use the Platform for unlawful, deceptive, discriminatory, or abusive outreach.
Upload malware, spyware, harmful code, or unlawful content.
Violate third-party rights.
Use the Platform in violation of privacy, consumer protection, anti-spam, telemarketing, or advertising laws.
Remove notices, branding, disclaimers, or proprietary legends.
Share login credentials outside your organization.
Benchmark or publish performance comparisons without written approval.
Use outputs for credit, employment, housing, insurance, criminal justice, or other regulated eligibility decisions.

Violation of this section is a material breach.

7. Customer Data

"Customer Data" means data, content, records, materials, prompts, files, form submissions, contacts, lists, CRM fields, instructions, or other information submitted to or connected with the Platform by you or on your behalf.

You retain ownership of Customer Data.

You grant us a worldwide, royalty-free, sublicensable, transferable, irrevocable license to host, use, process, copy, transmit, store, analyze, enrich, transform, disclose, derive insights from, and otherwise use Customer Data to:

Provide the Platform.
Improve the Platform.
Create outputs.
Develop features.
Generate insights.
Support advertising and retargeting.
Support sales outreach.
Train, tune, test, operate, and improve AI and machine learning systems.
Maintain security.
Enforce these Terms.
Comply with law.

This license survives termination to the extent permitted by law.

8. Public, Third-Party, and Derived Data

The Platform may use publicly available information, third-party data, business information, web activity, advertising data, visitor data, and other external signals.

We own all rights in:

Platform-generated insights.
Scoring logic.
Derived data.
Aggregated data.
Anonymized data.
Usage analytics.
Benchmarking.
Enrichment logic.
Signal models.
System outputs, except your underlying Customer Data.

We may use aggregated, anonymized, de-identified, or derived data without restriction.

9. Advertising, Retargeting, and Outreach

You acknowledge the Platform supports advertising, retargeting, audience development, lead generation, and outbound sales activity.

We may use collected data with advertising platforms, analytics providers, CRM systems, and marketing tools.

This may include:

Retargeting website visitors.
Measuring ad performance.
Matching audiences.
Capturing lead information.
Storing business contact information.
Generating outreach copy.
Supporting outbound sales workflows.
Improving targeting and scoring.

You are responsible for all outreach sent by you, your users, your vendors, or your systems.

10. Customer Compliance Obligations

You are solely responsible for compliance with all laws that apply to your data, users, customers, prospects, campaigns, and outreach.

This includes laws relating to:

Email marketing.
SMS marketing.
Telemarketing.
Privacy.
Cookies.
Tracking technologies.
Consent.
Advertising.
Data processing.
Consumer protection.
Employment.
Anti-discrimination.
Intellectual property.

You represent and warrant that you have all rights, permissions, consents, notices, and lawful bases required to provide data to us and use Platform outputs.

11. AI Outputs

The Platform may generate AI-assisted content, recommendations, summaries, scoring, rankings, scripts, emails, messages, or insights.

You acknowledge:

Outputs may be inaccurate.
Outputs may be incomplete.
Outputs may require human review.
Similar outputs may be generated for other users.
Outputs do not constitute legal, financial, compliance, tax, employment, or professional advice.
We do not verify every source, claim, prospect, signal, or recommendation.

You are responsible for reviewing and approving outputs before use.

12. No Professional Advice

The Platform does not provide legal, compliance, financial, tax, investment, employment, or professional advice.

You should obtain professional advice where needed.

13. Third-Party Services

The Platform may connect with or rely on third-party services, including CRM systems, advertising platforms, analytics tools, hosting providers, data providers, payment processors, and communication tools.

We are not responsible for:

Third-party availability.
Third-party security.
Third-party data practices.
Third-party errors.
Changes to third-party services.
Third-party fees.
Third-party terms.

Your use of third-party services is governed by their terms.

14. Beta Features

We may offer beta, pilot, preview, experimental, or pre-release features.

These features are provided as is. We may modify, suspend, remove, limit, or discontinue them at any time. We disclaim all liability arising from beta features.

15. Fees and Payment

Fees, billing terms, subscription length, usage limits, and renewal terms will be stated in an order form, invoice, subscription page, proposal, or other written agreement.

Unless stated otherwise:

Fees are due in advance.
Fees are non-refundable.
Payment obligations are non-cancelable.
Taxes are your responsibility.
Late amounts accrue interest at the maximum rate allowed by law.
We may suspend access for nonpayment.
You remain responsible for all amounts due.

16. Taxes

Fees exclude taxes, duties, levies, and government charges.

You are responsible for all taxes except taxes based on our net income.

17. Usage Limits

We may impose usage limits, rate limits, seat limits, API limits, storage limits, export limits, feature limits, or other restrictions.

We may charge additional fees for usage beyond contracted limits.

18. Audit Rights

We may audit your use of the Platform to verify compliance with these Terms, order forms, usage limits, security requirements, and restrictions.

Audits may include:

Account reviews.
Usage log reviews.
Seat count reviews.
Integration reviews.
Export volume reviews.
API usage reviews.
Campaign activity reviews.
Security checks.
Certification requests.
Written compliance questionnaires.

You agree to cooperate with audits.

If an audit shows unauthorized use, excess use, credential sharing, underpayment, misuse, or breach, you agree to:

Pay all unpaid fees.
Pay audit costs.
Stop unauthorized use.
Correct the breach.
Provide written certification of compliance.

We may suspend access during an audit if we believe there is risk to the Platform, other users, legal compliance, data security, or our business.

19. Enforcement Rights

We may investigate suspected violations.

We may take any action we deem appropriate, including:

Suspending access.
Terminating accounts.
Removing content.
Blocking exports.
Limiting integrations.
Preserving evidence.
Notifying affected parties.
Notifying law enforcement.
Seeking injunctive relief.
Charging additional fees.
Recovering damages, costs, and attorneys fees.

We are not liable for enforcement actions taken in good faith.

20. Confidentiality

Each party may receive confidential information from the other.

Confidential information includes non-public business, technical, financial, product, pricing, security, customer, and operational information.

The receiving party shall use reasonable care to protect confidential information and use it only for purposes related to the business relationship.

Confidential information does not include information that:

Is public through no breach.
Was known before disclosure.
Is received lawfully from another source.
Is independently developed.
Is aggregated, anonymized, de-identified, or derived data created by us.

21. Platform Ownership

We own all rights, title, and interest in the Platform, including, but not limited to, the following:

Software.
Workflows.
Interfaces.
Models.
Prompts.
Templates.
Playbook structures.
Scoring methods.
Data models.
System logic.
Designs.
Documentation.
Trademarks.
Trade secrets.
Improvements.
Feedback-based enhancements.

You do not acquire ownership in our technology.

22. Feedback

If you provide ideas, suggestions, requests, comments, or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose without compensation or attribution.

23. Customer Content and Conduct

You are responsible for all content, prompts, data, instructions, lists, campaigns, and communications submitted or generated under your account.

You shall not submit:

Illegal content.
Sensitive personal data unless approved in writing.
Health information unless approved in writing.
Payment card data unless approved in writing.
Government identifiers unless approved in writing.
Content that violates third-party rights.
Content used for unlawful discrimination.
Malicious code.

24. Sensitive Data

Unless expressly agreed in writing, you shall not submit sensitive data to the Platform.

Sensitive data includes:

Health data.
Biometric data.
Government identifiers.
Financial account numbers.
Payment card data.
Precise geolocation tied to individuals.
Children data.
Criminal history.
Race, religion, political affiliation, union membership, sexual orientation, or similar protected attributes.

We have no liability for sensitive data submitted in violation of these Terms.

25. Privacy

Our Privacy Policy governs our collection and use of personal information.

By using the Platform, you consent to our data practices.

If there is a conflict between these Terms and the Privacy Policy, these Terms control for contractual matters, and the Privacy Policy controls for external privacy disclosures.

26. Security

We use commercially reasonable security measures.

You acknowledge no system is fully secure.

We do not guarantee:

Uninterrupted access.
Error-free operation.
Complete data security.
Protection from all threats.
Recovery of all data.

You are responsible for your own systems, credentials, backups, permissions, and endpoint security.

27. Suspension

We may suspend access immediately if:

You fail to pay fees.
You breach these Terms.
You create security risk.
You create legal risk.
You exceed usage limits.
You misuse data.
You misuse outputs.
Your use harms the Platform.
Your use harms us, third parties, or other users.
We need to comply with law.

Suspension does not relieve payment obligations.

28. Termination

We may terminate your access or agreement if:

You materially breach these Terms.
You fail to cure a breach after notice, where cure is required.
You become insolvent or cease operations.
Required by law.
Continued service creates risk to us.

Upon termination:

Your license ends.
Access ends.
Fees remain due.
We may delete or retain data according to our policies.
We retain rights to aggregated, anonymized, de-identified, and derived data.
Surviving sections remain in effect.

29. Survival

The following sections survive termination:

Data and Usage Rights.
Public, Third-Party, and Derived Data.
Fees and Payment.
Audit Rights.
Enforcement Rights.
Confidentiality.
Platform Ownership.
Feedback.
Disclaimers.
Limitation of Liability.
Indemnification.
Arbitration.
Class Action Waiver.
Governing Law.
Any provision intended to survive.

30. Disclaimers

The Platform is provided as is and as available.

To the fullest extent permitted by law, we disclaim all warranties, including:

Implied warranties of merchantability.
Fitness for a particular purpose.
Title.
Non-infringement.
Accuracy.
Availability.
Reliability.
Security.
Results.
Compatibility.
Compliance.

We do not warrant that:

The Platform will meet your needs.
The Platform will increase revenue.
The Platform will generate pipeline.
The Platform will identify all relevant signals.
Outputs will be accurate.
Outreach will be lawful in your jurisdiction.
Integrations will remain available.
Third-party data will be complete or current.

31. Zero Liability Claims

To the maximum extent permitted by law, we shall have no liability for claims arising from:

Your outreach.
Your advertising campaigns.
Your use of generated content.
Your failure to review outputs.
Your violation of law.
Your uploaded data.
Your customer, prospect, or lead lists.
Your CRM configuration.
Third-party services.
Public or third-party data inaccuracies.
Lost data.
Unauthorized access caused by your credentials, systems, users, vendors, or integrations.
Beta features.
Free trials.
Suspension or termination.
Changes to the Platform.
Failure to achieve business outcomes.

32. Liability Cap

To the fullest extent permitted by law, our total liability for all claims arising out of or relating to the Platform, these Terms, or the relationship between the parties shall not exceed the amounts you paid to us for the Platform in the three months before the event giving rise to the claim.

If you used the Platform on a free, trial, pilot, beta, unpaid, discounted, promotional, or proof-of-concept basis, our total liability is zero dollars.

The liability cap applies regardless of theory, including contract, tort, negligence, strict liability, warranty, statute, or otherwise.

33. Exclusion of Damages

We shall not be liable for:

Indirect damages.
Incidental damages.
Special damages.
Consequential damages.
Punitive damages.
Lost profits.
Lost revenue.
Lost savings.
Lost business.
Lost goodwill.
Lost data.
Business interruption.
Cost of substitute services.
Reputational harm.
Regulatory penalties caused by your conduct.

34. Indemnification

You agree to defend, indemnify, and hold harmless Lemonada Labs, LLC, its owners, officers, employees, contractors, agents, affiliates, successors, and assigns from and against all claims, damages, losses, liabilities, penalties, settlements, costs, and expenses, including attorneys fees, arising from or related to:

Your use of the Platform.
Your data.
Your content.
Your outreach.
Your advertising.
Your campaigns.
Your products or services.
Your users.
Your violation of law.
Your violation of these Terms.
Your violation of third-party rights.
Your misuse of outputs.
Your failure to obtain consent.
Your failure to provide required notices.
Your integration with third-party systems.
Claims by your customers, prospects, employees, contractors, vendors, or regulators.

We reserve the right to control defense of any matter subject to indemnification.

35. Export Control and Sanctions

You shall not use the Platform in violation of export control, sanctions, or trade laws.

You represent that you are not located in, organized under, or ordinarily resident in a sanctioned jurisdiction and are not a sanctioned person.

36. U.S. Government Use

The Platform is commercial software.

Government users receive only the rights expressly granted in these Terms.

37. Force Majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including outages, labor issues, internet failures, cloud provider issues, cyberattacks, natural disasters, war, terrorism, government action, supply constraints, or third-party service failures.

38. Changes to the Platform

We may modify, improve, limit, suspend, replace, discontinue, or remove any part of the Platform at any time.

We are not liable for any modification, suspension, or discontinuation.

39. Changes to Terms

We may update these Terms at any time.

Continued use after changes means you accept the updated Terms.

40. Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, the Privacy Policy, any order form, any invoice, any proposal, or the relationship between the parties shall be resolved by binding individual arbitration.

This includes claims based on contract, tort, statute, fraud, misrepresentation, consumer protection, privacy, advertising, data use, or any other legal theory.

Arbitration shall be administered by JAMS under its applicable rules.

The arbitration shall take place in Los Angeles County, California, unless we elect remote proceedings.

The arbitrator shall have authority to resolve disputes over arbitrability, enforceability, scope, and validity of this arbitration agreement.

The arbitrator shall have authority to award individual relief allowed by law, subject to all limitations in these Terms.

The arbitrator shall not have authority to conduct class, collective, consolidated, private attorney general, or representative proceedings.

41. Class Action Waiver

You and Company agree to bring claims only on an individual basis.

You waive the right to:

Bring a class action.
Join a class action.
Participate in a collective action.
Bring a representative action.
Act as a private attorney general.
Consolidate claims with another party.

If this class action waiver is found unenforceable, the arbitration agreement shall be void as to the affected claim only, and the claim shall proceed in court.

42. Jury Trial Waiver

To the fullest extent permitted by law, you and Company waive the right to a jury trial.

43. Small Claims Exception

Either party may bring an individual claim in small claims court if the claim qualifies and remains individual.

44. Injunctive Relief

We may seek injunctive or equitable relief in court to protect intellectual property, confidential information, security, data, Platform integrity, or misuse of the Platform.

This right is not limited by the arbitration agreement.

45. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law rules.

The Federal Arbitration Act governs the arbitration agreement.

46. Venue

For claims not subject to arbitration, exclusive venue lies in the state or federal courts located in Los Angeles County, California.

You consent to personal jurisdiction there.

47. Limitation Period

Any claim must be brought within one year after the claim arises.

Any claim not brought within that period is permanently barred.

48. Assignment

You may not assign these Terms without our written consent.

We may assign these Terms without restriction, including in connection with a merger, acquisition, restructuring, financing, sale of assets, or transfer of business.

49. Notices

We may provide notices by email, Platform posting, account notification, invoice, or other reasonable method.

Legal notices to us must be sent to:

Lemonada Labs, LLC
2436 E. 4th Street, #824
Long Beach, CA 90814
Email:

50. Relationship of the Parties

The parties are independent contractors.

These Terms do not create a partnership, joint venture, agency, franchise, fiduciary relationship, or employment relationship.

51. No Third-Party Beneficiaries

These Terms do not create rights for third parties.

52. Severability

If any provision is invalid or unenforceable, the remaining provisions remain in effect.

The invalid provision shall be modified to the minimum extent needed to make it enforceable.

53. No Waiver

Failure to enforce any provision is not a waiver.

54. Order of Precedence

If there is a conflict, documents control in this order:

Signed master services agreement.
Signed order form.
Data processing addendum, if applicable.
These Terms.
Privacy Policy.
Website or marketing materials.

55. Entire Agreement

These Terms, together with the Privacy Policy and any applicable order form or written agreement, constitute the entire agreement between you and Company regarding the Platform.

56. Contact

Lemonada Labs, LLC
2436 E. 4th Street, #824
Long Beach, CA 90814