Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Techfunder World AG, Industriestrasse 9, 6302 Zug, Switzerland ("KENSAI", "we", "us", or "our"), governing your access to and use of the KENSAI platform, website, API, and related services (collectively, the "Services").

By creating an account, accessing, or using any part of the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree, do not use the Services.

• "Scan" — An automated security assessment performed by the KENSAI platform against a Target.
• "Target" — Any URL, domain, IP address, or application submitted by you for scanning.
• "Report" — The output of a Scan, including vulnerability findings, severity ratings, and remediation guidance.
• "Plan" — Your selected subscription tier (Free, Pro, or Enterprise), each with defined usage limits.
• "Authorized User" — Any individual granted access to your account.

You must be at least 16 years old and capable of forming a binding contract to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

You agree to provide accurate, current, and complete information during registration and to update it as necessary. We reserve the right to suspend or terminate accounts with materially inaccurate information.

By using the Services, you represent and warrant that:

• You own or have written authorization to test every Target you submit
• You will retain proof of authorization and provide it upon request
• You will not use scan results to exploit, attack, or damage any system
• You will comply with all applicable laws and regulations in your jurisdiction
• You will not attempt to circumvent rate limits, access controls, or plan restrictions

We reserve the right to immediately suspend your account and report to law enforcement if we have reasonable grounds to believe you are scanning unauthorized Targets.

Free-tier scans (including social-media-initiated scans) perform ONLY passive, non-intrusive checks. No packets are sent to the target beyond a single HTTP HEAD request and publicly available DNS/WHOIS/certificate lookups.

Active scanning (port scanning, vulnerability probing, authenticated testing) is available ONLY on the web platform and requires domain ownership verification (DNS TXT record, meta tag, or file upload).

KENSAI scans NEVER attempt to:

• Exploit discovered vulnerabilities
• Access restricted or authenticated areas without explicit credentials provided by the user
• Conduct brute-force or credential-stuffing attacks
• Send traffic volumes that could constitute denial-of-service
• Modify, delete, or exfiltrate any data from the target system

Scan traffic is rate-limited and identifiable via the User-Agent header 'KensaiScanner/1.0'.

KENSAI offers the following plans:

Paid plans are billed monthly or annually in advance via Stripe. All fees are in EUR and exclude applicable taxes unless stated otherwise. You authorize us to charge your payment method on file for recurring subscription fees.

You may cancel at any time. Cancellation takes effect at the end of the current billing period. Refunds are not provided for partial periods, except as required by applicable law.

Our IP: The KENSAI platform, including its software, algorithms, scanning engines, user interface, documentation, and branding, is owned by Techfunder World AG and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property beyond the limited license to use the Services.

Your Data: You retain all rights to the Targets you submit and the data they contain. By using the Services, you grant us a limited, non-exclusive license to access your Targets solely for the purpose of performing Scans and generating Reports.

Reports: Scan Reports are generated by our platform for your use. You may share, distribute, or use Reports internally and with third parties (e.g., auditors, clients) without restriction.

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Where we process personal data on your behalf (e.g., data discovered during scans of your Targets), we act as a data processor under GDPR. Enterprise customers may request a dedicated Data Processing Agreement (DPA) by contacting legal@kensai.app.

We treat your scan data, Reports, and account information as confidential. We will not disclose your scan results to third parties except:

• With your explicit consent
• To our sub-processors bound by confidentiality obligations
• As required by law or valid legal process
• In anonymized, aggregated form for security research (no customer-identifiable data)

Specifically, we do not warrant that:

• Scans will detect all vulnerabilities in your Targets
• The Services will be uninterrupted, error-free, or free of harmful components
• Reports will be complete or free from false positives/negatives
• The Services will meet specific regulatory or compliance requirements

Security scanning is inherently limited. KENSAI is a tool to assist your security program — it is not a substitute for comprehensive security practices, manual penetration testing, or professional security audits.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHFUNDER WORLD AG'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) EUR 100.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

These limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above may not fully apply to you.

By you: You may close your account at any time through the account settings or by contacting support@kensai.app.

By us: We may suspend or terminate your access immediately and without notice if we reasonably believe you have violated these Terms, particularly the Authorized Use provisions (Section 4). We may also terminate for any reason with 30 days' written notice.

Upon termination: (a) your right to access the Services ceases immediately, (b) we will delete your scan data within 30 days unless retention is required by law, (c) outstanding fees remain due, and (d) Sections 6, 8, 9, 10, 11, and 14 survive termination.

We may modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the platform at least 30 days before they take effect. Non-material changes (e.g., typo corrections, clarifications) take effect immediately.

Continued use of the Services after the effective date of modified Terms constitutes acceptance. If you do not agree to the modified Terms, you must stop using the Services and close your account.

These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law principles.

Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Zug, Switzerland. Notwithstanding the foregoing, we may seek injunctive or equitable relief in any court of competent jurisdiction.

For EU consumers: nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence. You may also use the EU Online Dispute Resolution platform.

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and KENSAI.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
• Waiver: Failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, pandemic, or infrastructure failures.
• Notices: We may send notices to the email address associated with your account. You may send notices to legal@kensai.app.