Terms of Service

Welcome to Kernalite. By purchasing, installing, accessing, or using any Kernalite product or service, you agree to be bound by these Terms of Service. These terms are a legal agreement between you and Dunn-Carabali, LLC.

Kernalite is offered in two models, both covered by these Terms: the Self-Hosted Lifetime License (a one-time purchase you install and run on your own server) and the Fully Managed Cloud (a recurring subscription where we host the software for you at Kernalite Cloud). Where a section applies to only one model, it says so.

1. License Grant

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to use Kernalite. For the Self-Hosted product, this license covers a single server environment per license purchased. For the Managed Cloud product, this is a right to access and use the hosted service for the duration of your paid subscription.

2. Strict Prohibitions

To protect our Intellectual Property and the integrity of our appliance model, you are strictly prohibited from:

• Reselling: You may not sell, rent, lease, or sublicense the Kernalite software to third parties. Each installation requires its own unique license key.
• Hacking & Tampering: You may not attempt to bypass, disable, or circumvent any security measures, including LicenseGuard, or any features designed to limit access to or use of the software.
• Reverse Engineering: You may not decompile, reverse engineer, or otherwise attempt to derive the source code for the purpose of creating a competing product, reselling modified versions, or bypassing licensing restrictions.
• Unauthorized Distribution: Distributing the software, in whole or in part, via any public or private repository, file-sharing service, or other means is strictly forbidden.

3. Intellectual Property

All rights, title, and interest in Kernalite, including all code, designs, and branding, are and will remain the exclusive property of Dunn-Carabali, LLC. Unauthorized use of our trademarks or copyrighted materials will result in immediate legal action.

4. Compliance & Monitoring

The software includes technology (LicenseGuard) that validates your license status. If a violation of these terms is detected (e.g., use on blacklisted domains, unauthorized tampering), the appliance will enter a HARD LOCK state, and your license will be terminated without a refund.

5. Limitation of Liability

KERNALITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DUNN-CARABALI, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE.

6. Legal Action

Violations of these terms, specifically regarding reselling, hacking, or reverse engineering, will be prosecuted to the fullest extent of the law. We reserve the right to seek damages, including lost profits and legal fees.

7. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State where Dunn-Carabali, LLC is registered.

8. Third-Party Data & Social Listening

Kernalite includes features that retrieve, monitor, ingest, scrape, parse, or otherwise interact with third-party platforms, websites, APIs, social networks, public forums, classified listings, county records, MLS feeds, skip-trace databases, and other external data sources (collectively, "Third-Party Sources"). These features include but are not limited to: the Social Listening engine, the public Make-Offer dispo pages, the address-geocoding integration, the skip-trace + enrichment adapters, the mail-house dispatch integration, the workflow engine outbound steps, and any future feature that contacts a host you do not directly control.

You acknowledge and agree that:

• Operator Responsibility. You — the licensee, your employees, your agents, and your virtual assistants — are solely responsible for ensuring that your use of any Third-Party Source complies with that source's Terms of Service, Acceptable Use Policy, robots.txt, rate-limit posture, API license, applicable contract, click-through agreement, and all federal, state, local, and foreign law (including, without limitation, the Computer Fraud and Abuse Act, the Telephone Consumer Protection Act, the CAN-SPAM Act, the Fair Housing Act, GDPR, CCPA/CPRA, state wiretap statutes, anti-spam statutes, and consumer-protection regulations).
• No Endorsement of Targets. Kernalite's inclusion of a scraper, integration, or workflow step targeting a particular platform is NOT a representation that scraping, monitoring, or contacting users on that platform is lawful, permitted, or advisable in your jurisdiction or for your intended use case. You must independently verify legality before enabling any source.
• IP Bans, Account Suspensions, Rate-Limits, and Legal Action. Third-Party Sources may at their sole discretion block, throttle, ban, suspend, terminate, deplatform, sue, prosecute, or refer to law enforcement any user (including you) who accesses their systems in a manner they deem unauthorized, abusive, or non-compliant. Dunn-Carabali, LLC bears no responsibility and accepts no liability for any such action taken against you, your IP addresses, your hosting provider, your accounts, your residential proxies, your data-center proxies, your API keys, your business, your employees, your customers, or any party you operate on behalf of, regardless of whether the action arises from your use of Kernalite's features or from any other cause.
• No Indemnity from Us. Dunn-Carabali, LLC does NOT indemnify, defend, or hold you harmless against any claim, demand, lawsuit, regulatory inquiry, cease-and-desist letter, takedown notice, subpoena, deposition, criminal charge, fine, penalty, settlement, or attorneys' fee asserted by any Third-Party Source, end-user, regulator, plaintiff's counsel, class-action firm, attorney general, district attorney, or any other party arising in whole or in part from your use of Third-Party Source features within Kernalite.
• Operator Indemnity to Us. 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, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your configuration, enablement, or operation of any Third-Party Source feature; (b) any content you scrape, ingest, store, transmit, contact, market to, message, mail, call, or otherwise act upon using Kernalite; (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.
• Compliance Toggles & Geofencing. Kernalite ships with rate-limiters, randomized request pacing, jittered cron schedules, user-agent rotation, optional proxy rotation, geofenced source configuration, manual-promote review queues, opt-in audit logging, and per-feature kill switches. These are tools, not warranties. Their presence does not guarantee that any specific use is lawful, will avoid detection, will avoid a ban, or will avoid legal exposure.
• Public Data Only — by Design. The Social Listening engine is configured to access only publicly available content (public subreddits via Reddit's official OAuth API, public classified listings, public marketplace listings, public pages, and other content reachable without authentication into a private account). You agree NOT to modify, extend, configure, or operate Kernalite in any way that accesses, scrapes, monitors, or ingests content from private accounts, private groups, gated communities, members-only forums, paywalled content, or any source requiring authentication credentials that are not your own, that you do not have explicit authorization to use, or that you obtained from any party other than the legitimate account holder acting on their own behalf. Cookie-injection, credential stuffing, session-token replay, and similar techniques are forbidden uses of this software.
• Cost Pass-Through. Kernalite is a self-hosted appliance. You are responsible for all third-party costs your configuration incurs, including but not limited to: AI provider tokens, SMS / voice / email provider per-message fees, mail-house print + postage charges, skip-trace API charges, geocoding API charges, proxy bandwidth charges, hosting bandwidth charges, and any overage, rate-tier upgrade, or platform-fee adjustment imposed by any Third-Party Source. Dunn-Carabali, LLC does not refund, reimburse, credit, or offset any such cost.

9. Outbound Communications & Consumer Protection

Kernalite provides tooling that can be configured to send SMS, MMS, RVM, email, postal mail, and place phone calls to third parties via integrated providers. You are solely responsible for: (a) obtaining and maintaining lawful consent (express written consent where required by the TCPA, state mini-TCPA statutes, and analogous foreign law); (b) scrubbing recipients against the National Do-Not-Call Registry, state DNC registries, and any internal DNC lists; (c) honoring opt-out / unsubscribe / STOP requests within statutory time-frames; (d) maintaining accurate suppression lists; (e) ensuring messages, mailers, and call scripts comply with content rules (CAN-SPAM identification, footer requirements, FHA disclosures where applicable); and (f) any state-specific real-estate licensing, wholesaler-disclosure, or advertising rules. 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 specifically: you are the message sender of record and must register and operate your messaging traffic in compliance with carrier A2P 10DLC requirements and your provider's (e.g., Twilio's) Messaging Policy and Acceptable Use Policy. You must support the STOP keyword for opt-out and the HELP keyword for assistance on every campaign, disclose that message frequency varies and that "message and data rates may apply," and identify your business in your messages. Mobile opt-in data and phone numbers are used only to deliver the messages you send; neither you (through this Service) nor Dunn-Carabali, LLC may sell that data or share mobile opt-in information with third parties or affiliates for their own marketing.

10. Abuse, Termination, & License Forfeiture

Dunn-Carabali, LLC reserves the unilateral right to suspend or terminate your license, with or without notice, and without refund, upon any of the following: (a) credible report, complaint, or evidence that you are using Kernalite to violate any Third-Party Source's terms; (b) credible report of TCPA / CAN-SPAM / FTC / FCC / state-consumer-protection violation; (c) credible report of harassment, abuse, fraud, identity theft, or unauthorized access in connection with your use of the software; (d) subpoena, court order, or law-enforcement request directing us to disable your installation; (e) chargeback, payment reversal, or non-payment of license fees; (f) tampering with LicenseGuard, the central Brain service, or any compliance mechanism. Termination under this Section is independent of, and in addition to, any civil or criminal remedy we may pursue.

11. Fully Managed Cloud — Service Terms

The Managed Cloud service is hosted by us. You access it through an account you create at Kernalite Cloud after subscribing. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must provide accurate information, promptly update it, and notify us of any unauthorized use. We may provision, configure, update, migrate, scale, and maintain the hosted environment at our discretion to deliver the service.

12. Billing, Subscriptions & Renewals

Self-Hosted is a one-time charge. Managed Cloud is billed in advance on a recurring basis (monthly or annually) through our payment processors, PayPal and Stripe. By subscribing you authorize us to charge your payment method automatically at the start of each billing period until you cancel. You may cancel at any time to stop future renewals; cancellation takes effect at the end of the current paid period. Fees are stated in U.S. dollars and exclusive of any taxes, which are your responsibility. We may change pricing on a going-forward basis with notice before your next renewal. Refunds are governed by our Refund & Return Policy, including a non-refundable setup deduction applied to any approved refund.

13. Service Availability & Support

We strive for high availability of the Managed Cloud service but do not guarantee uninterrupted or error-free operation. The service may be unavailable during maintenance, updates, or circumstances beyond our control. Any availability targets we publish are goals, not contractual warranties, unless set out in a separate signed agreement. Support is provided as described at the time of purchase.

14. Your Data & Acceptable Use of the Cloud

You retain ownership of the data you submit to the Managed Cloud service, and we process it as your processor under our Privacy Policy. You are responsible for the legality of the data you upload and the messages you send, and for having the rights and consents necessary to do so. You may not use the hosted service to store or transmit unlawful, infringing, or malicious content, to gain unauthorized access to any system, to disrupt the service or other tenants, or in violation of Sections 8 and 9. You may export your data at any time; upon cancellation we retain it only for a limited wind-down window as described in the Privacy Policy.

15. Disclaimers Specific to Both Models

Kernalite is a tool for real-estate professionals. We are not a law firm, brokerage, or compliance advisor, and nothing in the Service constitutes legal, financial, or real-estate advice. You are solely responsible for your business decisions, your regulatory compliance, and the outcomes of your use of the Service.

16. Mobile Application & App Store Terms

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

Your use of the app obtained from a third-party app marketplace is also subject to that marketplace's terms. For the Apple App Store, you acknowledge that: (a) these Terms are between you and Dunn-Carabali, LLC only, not Apple, and Apple is not responsible for the app or its content; (b) Apple has no obligation to furnish any maintenance or support for the app; (c) Apple is not responsible for any product warranties, whether express or implied; (d) Apple is not responsible for addressing any claims relating to the app, including product-liability, regulatory, or intellectual-property claims; and (e) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a U.S.-embargoed country or on a U.S. prohibited-parties list.

17. Changes to These Terms

We may revise these Terms from time to time. The version in effect at the time of your purchase or renewal governs that transaction, and continued use of the Service after changes take effect constitutes acceptance of the revised Terms.