Terms of Use

Introduction

These Terms of Use ("Terms") govern your access to and use of https://kikaiworks.com (the "Website"), all related services, and any engineering deliverables we provide (collectively the "Services"). By creating an account, placing an order, or using the Services, you agree to be bound by these Terms.

1. Who We Are & Governing Law

KiKAI Works is currently operated by an individual developer and will be incorporated as **KiKAI Works Pte. Ltd.** in Singapore. These Terms and your relationship with us are governed exclusively by the laws of the Republic of Singapore, without regard to conflict of law rules. Any dispute shall be resolved exclusively in the courts of Singapore.

2. Eligibility

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use the Services. By using the Services you represent that you meet this requirement.

3. Account & Security

• You are responsible for maintaining the confidentiality of your login credentials.
• You must immediately notify us of any unauthorised use of your account.
• We reserve the right to suspend or terminate any account at any time, with or without reason or notice, including for suspected abuse, illegal activity, or violation of these Terms.

4. Orders, Payment & Refunds

4.1 Payment Terms

• Projects below US$2,000: 100% payment upfront.
• Projects US$2,000 and above: 40% non-refundable deposit upfront, 60% on delivery.
• All payments are processed via Stripe. You are responsible for all Stripe transaction fees.
• Prices are in USD and exclude any applicable taxes (e.g., GST when we become Singapore-registered).

4.2 Refunds & Cancellations

• The upfront deposit (40% or 100% for small projects) is **non-refundable** once we begin work.
• If you pay 100% upfront on a large project and we fail to deliver a design that materially matches the agreed quotation/specification (after the included revision round), you may request a partial refund of the final 60% only.
• No refund is available if you simply change your mind, provide incorrect specifications, or fail to respond during the clarification process.
• All refunds (if granted) will be made by bank transfer minus international wire fees and any Stripe fees incurred.

4.3 Revisions Large projects (US$2,000+) include **one free minor revision round** (changes ≤5% of the total scope). Additional revisions are charged at our standard hourly rate.

5. KiKAI Credits ("Kinkai")

• Kinkai is a non-refundable, non-transferable prepaid credit used exclusively for AI-generated blueprints and tools on the Website.
• Kinkai expires **12 months** from the date of purchase unless renewed by a new purchase.
• Any remaining Kinkai balance is forfeited upon account closure.

6. Intellectual Property & License

6.1 Ownership

• We retain ownership of all original source files and master designs created for you.
• Upon full payment, you receive a **perpetual, worldwide, royalty-free license** to use, modify, manufacture, sell products based on, and commercially exploit the delivered files (PDF, DWG, STEP, renders, reports, etc.) without restriction.

6.2 Our Rights

• We may display delivered projects (anonymised or with your consent) in our portfolio and marketing materials.
• We retain the right to reuse non-confidential generic components, libraries, and automation scripts across multiple clients.

6.3 Client Obligations You warrant that any material you upload does not infringe third-party intellectual property rights and that you have full authority to request the design.

7. Prohibited Use

You may not use the Services for any illegal, unethical, or prohibited purpose, including but not limited to:

• Weapons, explosives, or regulated military items
• Items that violate export control laws (ITAR/EAR)
• Designs that infringe third-party patents, trademarks, or copyrights
• Any activity that violates Singapore or international law

We reserve the right to immediately cancel any project, delete files, terminate your account, and block your IP/device if we suspect prohibited use – without refund.

8. Delivery & Delays

• Delivery timelines begin once full specifications and deposit are received.
• We aim for on-time delivery but are not liable for delays caused by force majeure (war, natural disasters, AWS outages, government actions, illness, etc.).
• In case of significant delay caused by us (>7 days on a committed deadline), we will offer a reasonable remedy (extension, partial refund, or priority service) at our discretion.

9. Warranty & Limitation of Liability

• We warrant that deliverables will materially conform to the agreed specification and be delivered in the requested formats.
• EXCEPT AS EXPRESSLY STATED, ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS-IS" WITHOUT ANY OTHER WARRANTY.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW:
• Our total liability shall not exceed the amount you paid us for the specific project giving rise to the claim.
• We are not liable for indirect, consequential, or incidental damages (including loss of profit, data, or business opportunity).
• We are not liable for any injury, damage, or loss resulting from the fabrication, installation, or use of products manufactured from our designs.

10. Account Closure

• You may close your account at any time provided you have no active projects.
• Closing your account forfeits all remaining Kinkai credits.
• We retain all project files, chat history, and transaction records indefinitely for legal, tax, and quality purposes.

11. Termination by Us

We may terminate or suspend your access immediately, without notice or liability, for any reason, including breach of these Terms or suspected illegal activity.

12. Future Services

These Terms also apply to any future services we may offer, including but not limited to physical fabrication outsourcing, installation supervision, digital twin monitoring, or maintenance scheduling.

13. Dispute Resolution

Any dispute arising from these Terms or the Services shall be resolved exclusively in the courts of Singapore. Both parties agree to seek amicable resolution first, but Singapore law and jurisdiction remain final.

14. Changes to Terms

We may update these Terms at any time. Continued use of the Services after changes constitutes acceptance of the new Terms.