End User License Agreement

This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Dunn-Carabali, LLC for the Kernalite software, in both its Self-Hosted Lifetime form (installed on your server) and its Fully Managed Cloud form (accessed as a hosted service). Where a term applies to only one form, it says so. This EULA supplements our Terms of Service, Privacy Policy, and Refund Policy.

1. Grant of License

Dunn-Carabali, LLC grants you a limited, non-exclusive, non-transferable license to use the Software solely for your internal business operations. For the Self-Hosted form, you may install and use it on a single server, tied to a specific domain and hardware profile as validated by LicenseGuard. For the Managed Cloud form, you are granted a right to access and use the hosted Software for the duration of your paid subscription; you are not granted a copy of, or the right to download, the underlying application.

2. Ownership

The Software is licensed, not sold. Dunn-Carabali, LLC retains all ownership rights to the Software, including all intellectual property rights therein. You acknowledge that you do not acquire any ownership rights by installing or using the Software.

3. Restrictions on Use

You shall not, and shall not permit others to:

• Modify, translate, adapt, or otherwise create derivative works or improvements of the Software.
• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof.
• Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Software.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software to any third party for any reason.

4. Zero Tolerance for Piracy & Hacking

Any attempt to modify the LicenseGuard code, bypass phone-home validation, or distribute "cracked" versions of Kernalite will result in the immediate and permanent revocation of your license. Dunn-Carabali, LLC employs active monitoring to detect unauthorized use and will pursue legal remedies, including statutory damages for willful infringement.

5. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Software and destroy all copies in your possession.

6. Disclaimer of Warranty

THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.

7. Third-Party Data, Social Listening, and Outbound Communications

The Software ships with integrations, scrapers, parsers, schedulers, mail-house dispatchers, geocoding clients, skip-trace adapters, AI providers, telephony providers, email providers, and a Social Listening engine that retrieve from, transmit to, or otherwise interact with third-party platforms, public websites, public forums, classified listings, marketplaces, social networks, and public-record databases (collectively, "Third-Party Sources"). You acknowledge that:

• Sole Responsibility. You are solely responsible for your configuration, enablement, and operation of every Third-Party Source feature. The presence of a feature in the Software is NOT a representation that its use in your jurisdiction, for your business model, or against any particular Third-Party Source is lawful or permitted.
• Compliance. You are solely responsible for compliance with each Third-Party Source's Terms of Service, Acceptable Use Policy, API license, rate-limit posture, and robots.txt; and with all federal, state, local, and foreign law including the Computer Fraud and Abuse Act, the Telephone Consumer Protection Act and state mini-TCPA statutes, the CAN-SPAM Act, the Fair Housing Act, the Fair Debt Collection Practices Act, GDPR, CCPA / CPRA, state wiretap statutes, anti-spam statutes, and consumer-protection regulations.
• No Liability for Bans, Suspensions, or Legal Action by Third Parties. Dunn-Carabali, LLC bears no responsibility and accepts no liability for any IP ban, account suspension, account termination, rate-limit, deplatforming, cease-and-desist letter, takedown notice, subpoena, civil suit, class action, regulatory inquiry, criminal investigation, fine, settlement, judgment, or other adverse action taken against you, your IP addresses, your hosting provider, your proxies, your accounts, your API keys, your employees, your customers, or your business by any Third-Party Source, end-user, regulator, plaintiff, or any other party — regardless of whether such action arises in whole or in part from your use of the Software.
• Indemnity. You agree to indemnify, defend, and hold harmless Dunn-Carabali, LLC, its members, officers, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your configuration or operation of any Third-Party Source feature; (b) any content you scrape, ingest, store, transmit, contact, market to, message, mail, or call using the Software; (c) your violation of any Third-Party Source's terms or any applicable law; and (d) any third-party claim that your acts or omissions caused harm. Dunn-Carabali, LLC does NOT indemnify you against any such claim.
• Public Data Only. The Social Listening engine is configured to access only publicly available content. You agree NOT to modify, extend, or operate the Software to access, scrape, monitor, or ingest content from private accounts, private groups, members-only forums, paywalled content, or any source requiring authentication credentials that are not your own and that you do not have explicit, current, individual authorization to use. Cookie-injection, credential stuffing, session-token replay, and similar techniques are forbidden uses of the Software and constitute material breach of this EULA, terminating your license immediately.
• Outbound Communications. Any SMS, MMS, RVM, email, phone call, or postal mailer the Software dispatches on your behalf is dispatched at your direction, with your consent, and under your sole regulatory responsibility. You are responsible for obtaining and maintaining lawful prior express written consent where required, for scrubbing against the National Do-Not-Call Registry and any state DNC list, for honoring opt-out requests within statutory time-frames, and for the content of every outbound message. Dunn-Carabali, LLC bears no responsibility for TCPA, CAN-SPAM, FCC, FTC, state attorney general, or class-action exposure arising from your outbound campaigns. For SMS/MMS you are the sender of record and must comply with carrier A2P 10DLC requirements and your provider's (e.g., Twilio's) messaging policies, support the STOP (opt-out) and HELP keywords on every campaign, and disclose that message and data rates may apply. Mobile opt-in data and phone numbers are used only to deliver the messages you send and may not be sold or shared with third parties for their own marketing.
• Costs. The Software is a self-hosted appliance. All third-party costs you incur — including AI tokens, telephony per-message fees, mail-house print and postage, skip-trace fees, geocoding fees, and proxy bandwidth — are billed by those third parties directly to you. Dunn-Carabali, LLC does not reimburse, credit, or offset any such cost.

If you do not agree to this Section, do not install, configure, enable, or operate the Software, and contact Dunn-Carabali, LLC immediately for a license-cancellation review.

8. Fully Managed Cloud — Hosted Use

When you access the Software as a Managed Cloud subscription, the following apply in addition to the terms above:

• Access, not a copy. You receive a right to use the hosted Software. You are not licensed to download, copy, export the application code, or run it outside our hosted environment. Attempting to extract, mirror, or reconstruct the application is a material breach.
• Account credentials. You create login credentials after subscribing and are responsible for safeguarding them and for all activity under your account. You must not share credentials, resell access, or create accounts on behalf of undisclosed third parties.
• Acceptable use. You may not attempt to access other tenants' data, probe or stress the hosted infrastructure, circumvent quotas or access controls, or use the service to host or transmit unlawful or malicious content. We may suspend access immediately to protect the platform or other customers.
• Subscription-bound. Your right to use the hosted Software exists only while your subscription is current. Non-payment, chargeback, or cancellation ends the license; we may disable access and, after the wind-down period described in our Privacy Policy, delete your data.
• Updates. We may update, modify, or discontinue features of the hosted Software at any time. Because we operate the environment, you are always on the version we deploy.

9. Data & Backups

For the Self-Hosted form, all data resides on your server and backups are your responsibility. For the Managed Cloud form, we maintain routine backups as an operational practice, but you remain responsible for the accuracy and legality of the data you enter, and you may export your data at any time. Backups are for service continuity and are not a substitute for your own records.

10. Fees & Refunds

License and subscription fees, billing cadence, and refund eligibility are governed by our Terms of Service and Refund & Return Policy. Any approved refund is subject to a non-refundable setup deduction as described in that Policy.

11. Mobile Application & Apple App Store

The Kernalite Mobile application is a thin client for a CRM backend you control and is licensed, not sold, under this EULA. It requests device permissions (camera, photo library, location while-in-use, calendar, and contacts) only to power features you actively invoke; declining a permission disables only that feature. The app does not include third-party advertising or data-broker SDKs and does not sell device data. Its handling of device data, including the contacts-import feature, is described in our Privacy Policy.

If you obtained the app from the Apple App Store, this EULA is the "Licensed Application End User License Agreement," and you acknowledge that: (a) it is concluded between you and Dunn-Carabali, LLC only, not Apple, and Apple is not responsible for the app or its content; (b) the license is limited to use on Apple-branded devices you own or control, per the App Store Usage Rules; (c) Apple has no obligation to provide maintenance or support for the app; (d) in the event of any failure of the app to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation; (e) Apple is not responsible for addressing any claims relating to the app (product-liability, regulatory, or intellectual-property claims included); and (f) Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you. You represent that you are not located in a U.S.-embargoed country and are not on any U.S. prohibited-parties list.

12. Entire Agreement

This EULA, together with the Terms of Service, Privacy Policy, and Refund Policy, constitutes the entire agreement between you and Dunn-Carabali, LLC regarding the Software and supersedes all prior or contemporaneous understandings. It is governed by the laws of the State of Florida.