Kaku Terms of Service

• What Kaku is, and is not
• Accounts
• Free tier and paid tiers
• Credits
• Subscriptions and billing
• Buying in the iPhone app
• Acceptable use
• Your content and Kaku’s memory
• Availability and changes to Kaku
• Ending things
• Warranties and limits on liability
• Governing law and disputes
• Other terms
• Changes to these terms
• Contact

What Kaku is, and is not

Kaku is an AI coffee assistant. She helps you choose coffee, brew it well, keep track of what you like, and, on sites that host her, place and follow orders. She remembers you between conversations so you do not have to start over.

Kaku is not a person. Her replies are generated by large language models, and language models get things wrong. She can be out of date, incomplete, or confidently mistaken. Treat what she says as a knowledgeable starting point, not the last word: worth listening to, worth checking. Anything that matters — a price, a delivery date, whether a coffee contains something you are allergic to, a decision about your health or your business — confirm with the store, the label, or a professional before you act on it.

Kaku is not medical, dietary, legal, financial, or business advice, and nothing she says creates a professional relationship with us. She is a coffee and shopping assistant, not a companion or emotional-support service, and she is not designed to sustain a personal relationship with you. She is instructed to say she is an AI whenever you sincerely ask. [CONFIRM with counsel: (1) that Kaku’s customer-service and business-operations purpose keeps her outside California SB 243 and New York’s 2025 companion-chatbot law, given her persistent memory and warm-greeting design; the sentence above is drafted to help. (2) The AI-disclosure promise rests on her core instructions, not a hard guardrail; see the Privacy Policy note under Utah Artificial Intelligence Policy Act.]

Accounts

[CONFIRM when built: Kaku accounts were designed on September 16, 2026 and are not yet live. Until then you can use Kaku without an account, and on the Quichapa store she recognizes you through your store login.]

• You must be at least 13 to use Kaku. You must be at least 18, or the age of majority where you live, to subscribe to a paid tier or buy credits; a parent or guardian may do so on a younger person’s behalf and is then the account holder. [CONFIRM with counsel: this is the common split — 13+ to use, 18+ to pay — because a minor can generally disaffirm an auto-renewing contract and the FTC’s 2025 chatbot inquiry focuses on age-based access. Alternatives: 13 with parental agreement for everything, or 18 only. The age gate itself must be a neutral birth-year field, never an “I am over 13” checkbox.]
• One account is for one person. Do not share it, and do not make an account for someone else.
• Give us a real email address and keep your password to yourself. You are responsible for what happens under your account until you tell us it has been compromised.
• You can use some of Kaku without an account. Some features, and every paid tier, need one.
• We may suspend or close an account that breaks these terms. See Ending things.

Free tier and paid tiers

Kaku comes in three tiers for individuals:

• CS Chat (customer-service chat) — free. Ask, brew, shop, and be remembered. [CONFIRM: keep the gloss, or confirm the name is meant to stand unexplained.]
• Curator — a paid monthly tier with more to say and more to do. [CONFIRM: the feature list per tier — the code shows Curator accepting image uploads; state what each tier actually unlocks, or leave it to the purchase screen.]
• Consultant — the top monthly tier. [CONFIRM: features.]

Prices are shown at the moment you buy, before you enter any payment details, and again on your receipt. We do not print prices here because they may change; a price change never applies to you without notice (see Subscriptions and billing). What each tier includes can change over time as Kaku learns to do more; we will not take away something you paid for in the middle of a billing period.

Businesses that host Kaku on their own sites have separate business tiers under a separate agreement. These terms cover individual use.

Credits

Every tier includes a monthly allowance of credits, shown when you sign up or subscribe. Each message you send Kaku, typed or spoken, uses credits. The widget shows you how much of the month’s allowance you have used.

• Reset. Your allowance resets on the first day of each calendar month, Pacific time, whatever day of the month you are billed. [CONFIRM: this now matches the code — the meter keys to the calendar month, not the billing date — so someone billed on the 20th gets a full allowance for the ten days to the 1st, then another. If Ben would rather the allowance reset on the billing date, change the meter first and then this sentence to “on your billing date.” The terms must describe what the product does.]
• Unused credits. Allowance credits that you have not used when the month resets expire; they do not roll over. Credits you buy as a top-up never expire. Any free promotional credits we give you carry their own expiry date, shown in capitals when we give them. [CONFIRM: this is the recommended structure. Counsel to confirm whether purchased credits are a gift certificate under Cal. Civ. Code 1749.5 (no expiry; balances under $10 redeemable in cash) and whether unused purchased balances need unclaimed-property (escheat) handling.]
• Top-ups. If you run out before the month does, you can buy more credits without changing tiers. [CONFIRM when built: pay-per-credit top-ups were decided on September 10, 2026; confirm they are purchasable before this line publishes.]
• No cash value. Credits are a measure of use, not money. They cannot be transferred or sold, and they cannot be refunded as cash, except where we say otherwise in the refund terms below or where the law requires.
• Host sites. When you use Kaku on a site that hosts her without signing in to your own Kaku account, your use may count against that site’s allowance rather than yours. [CONFIRM: Ben’s open decision — visitors draw on the host site’s allowance, account holders on their own.]

Subscriptions and billing

Before you subscribe on the web we show you the tier, the price, that it bills monthly, that it renews automatically until you cancel, and how to cancel. You then confirm, and only then do we ask for your payment details. We email you a receipt that repeats those terms so you have a copy. [CONFIRM when built: the web checkout and the acknowledgment email — California and New York law require these exact steps and a retainable copy.]

• Monthly, automatic. Your subscription renews every month on the same date, and your saved payment method is charged through Stripe at the price you agreed to. The charge comes from Quichapa Coffee. [CONFIRM: statement descriptor.]
• Cancel any time. You can cancel from your account page on kakucoffee.ai, in the app, or by emailing us; canceling online is never harder than signing up was. Cancellation takes effect at the end of the period you have already paid for. You keep your tier until then, and you are not charged again. [CONFIRM when built — LAUNCH DEPENDENCY: the online cancel control does not exist yet. California (Bus. & Prof. Code 17602(c)) requires click-to-cancel for online sign-ups and ROSCA requires a simple stop mechanism, so no web subscription can be sold to California or New York residents until the control ships. Email cancellation stays as an extra path, never the only one. PI3 records “cancellation must ship with the first charge.”]
• Refunds. If you cancel, you keep your tier to the end of the period you paid for and we do not refund part of a month. If your first charge was a mistake, email us within 7 days of it and we will refund it in full and close the subscription. We may also refund at our discretion when something has gone wrong on our side. [CONFIRM: Ben to confirm or replace this rule. It is one of three lawful options (no partial-month refunds with a 7-day first-charge refund, as drafted; no refunds at all; or refunds at our discretion like the store’s “we will work with you”). ROSCA treats the refund rule as a material term, so the line cannot be blank at publish. LAUNCH DEPENDENCY: today a Stripe refund does not switch off the tier; that link has to be built so a refund and a cancellation happen together.]
• Price changes. If we raise the price of your tier we will email you at least [CONFIRM: 30] days before the new price takes effect, and you can cancel before it does. The new price never applies to a period you have already paid for. If you are charged at a new price, you may also cancel within 14 days of that first charge and we will refund it in proportion to the unused part of the period. [CONFIRM with counsel: the last sentence is added for New York GBL 527-a as amended in November 2025, which (as summarized in the checklist) requires either fresh affirmative consent to a price increase or a right to cancel within at least 14 days after the charge with a pro-rata refund. Counsel to check the current text; the alternative is an “accept the new price” click. Offering the 14-day window nationwide avoids a New York-only carve-out.]
• Yearly reminder. Once a year we will email you a reminder of what you are subscribed to, what it costs, how often you are charged, and how to cancel. You cannot switch this reminder off. [CONFIRM: that this reminder email will be built and cannot be suppressed by a notification setting — California requires it for any auto-renewing subscription sold to a Californian.]
• Free trials and promotions. [CONFIRM: whether any trial or introductory price will be offered. If so: state the length, what you lose when it ends, and what you will be charged; and email a reminder before a trial longer than a month converts.]
• Failed payments. If a renewal charge fails we will let you know and try again. [CONFIRM: how many retries, and whether the tier lapses immediately or after a grace period — status awareness (past due, recovered, lapsed) is being built.]
• Taxes. Prices are in U.S. dollars. Any sales tax that applies is shown before you confirm.

Buying in the iPhone app

If you subscribe inside the Kaku app, the purchase is made through Apple’s In-App Purchase. Apple bills you, Apple’s terms govern the billing, and you manage or cancel that subscription in your Apple ID settings, not with us. Refunds for in-app purchases are requested from Apple; we cannot issue them ourselves. A subscription you buy on the web works in the app too, and one you buy in the app works on the web. [CONFIRM when built: In-App Purchase is planned, not live. Do not show tiers as purchasable in the app before it is.]

Acceptable use

Use Kaku for what she is for: coffee, and the business of coffee. Do not:

• Use her for anything illegal, or to harm, harass, deceive, or impersonate anyone.
• Try to get her to ignore her instructions, reveal her instructions or other people’s information, or act outside what your tier and your login allow. Her guardrails log attempts.
• Send her anything you do not have the right to share: other people’s private information, or content that infringes someone else’s rights.
• Scrape, probe, overload, or access Kaku by automated means, except through interfaces we publish for that purpose and within their limits.
• Resell access to Kaku, share one account between people, or use her output to build or train a competing assistant.
• Upload malware, or anything designed to interfere with Kaku or the sites that host her.

We may rate-limit, suspend, or close accounts that do these things, and we may keep the relevant logs.

Your content and Kaku’s memory

What you send her is yours. Your messages, voice, images, and documents stay your property. By sending them you give us permission to do what is needed to run Kaku: send them to our model and speech providers to produce a reply, store them, summarize them, remember them, and use summaries of them — without your name — to improve Kaku’s general knowledge for everyone, as the Privacy Policy describes. We do not use them to train a model of our own, and we will not change that without asking you first. [CONFIRM: “without your name” is true only after the summary header line is stripped in kaku-self-author.js (see the Privacy Policy note). Until then write “use summaries of them to improve Kaku’s general knowledge for everyone; she is instructed to leave out names and personal details.”] [CONFIRM when built: this permission is a contract term. Apple Guideline 5.1.2(i) also requires an in-app permission screen before your data goes to a third-party AI; see the Privacy Policy.]

What she says back. You may use Kaku’s replies for your own purposes, personal or commercial, as long as you do not pass them off as coming from a person or use them against the rules above. Because language models produce similar answers to similar questions, we cannot promise that a reply is unique to you, and we keep the right to use replies ourselves to improve Kaku. [CONFIRM with counsel: the Quichapa store’s Terms of Use say Kaku’s responses are Quichapa’s property and may not be reproduced without permission; both documents will be live for the same widget on the same store. The store draft now carries a carve-out (“except Kaku’s replies to you, which you may use as described in the Kaku Terms”) for counsel to approve, so a subscriber has the same rights on both surfaces. Reconcile in one direction.]

Her memory of you. Kaku remembers you on purpose: what you like, what you have ordered, what you told her. You can ask her to remember something, and you can ask us to correct or remove anything she has remembered. Details, including how to see and delete everything, are in the Privacy Policy. [CONFIRM when built: a “forget this” control in the chat. Today removal is by request to us.]

Feedback. If you tell us how to make Kaku better, we may use the idea without owing you anything. Thank you.

Availability and changes to Kaku

Kaku is a small team’s work in progress. We do not promise she will always be available, fast, or unchanged. We may change her features, the models and providers behind her, and her limits; we may pause her for maintenance; and we may retire features. If a change materially reduces what a paid tier includes, we will tell subscribers before it takes effect and you may cancel.

Ending things

• You can stop using Kaku at any time, cancel a subscription as described above, and delete your account and everything she remembers. [CONFIRM when built: account deletion in the app and on kakucoffee.ai. Until then, deletion is by email request and we do it by hand. In-app deletion is an App Review requirement (5.1.1(v)).]
• We can suspend or close your account if you break these terms, if the law requires it, or if we stop offering Kaku. If we close your account for a reason other than your breaking these terms, we will refund the unused part of any period you have paid for. [CONFIRM: pro-rata refund on our termination without cause.]
• The sections on your content, warranties, liability, governing law, and other terms survive the end of your account.

Warranties and limits on liability

Kaku is provided as is and as available. To the fullest extent the law allows, we make no warranties about her, including that her replies are accurate, complete, or fit for any particular purpose, or that she will be uninterrupted or error-free.

To the fullest extent the law allows, we are not liable for indirect, incidental, special, or consequential damages, or lost profits, arising from your use of Kaku or reliance on what she says. Our total liability to you for any claim will not exceed the amount you paid us for Kaku in the twelve months before the claim arose, or $50 if you paid nothing. [CONFIRM with counsel: the cap. The store’s terms cap at “the amount you paid to us in the transaction giving rise to the claim,” which does not work for a free tier; the two caps apply to the same widget on the store and should be reconciled.]

Some states do not allow some of these limits, so some may not apply to you. Nothing here limits liability that cannot be limited by law.

You are responsible for what you send Kaku and for how you use what she tells you. If your use of Kaku in breach of these terms causes a claim against us, you agree to cover our reasonable costs of dealing with it.

Governing law and disputes

These terms are governed by the laws of the State of Utah. If something goes wrong, email us first; most problems are a conversation. If we cannot work it out, any dispute will be resolved in the state or federal courts located in Utah, and you agree to their jurisdiction. If a court where you live will not enforce that choice of forum for a consumer, the rest of these terms still apply and the dispute may be heard there. [CONFIRM with counsel: the store’s terms use Utah courts with no arbitration clause. Many AI services add arbitration with a class-action waiver and a 30-day opt-out window. Ben’s call; if adopted, counsel drafts it and the last sentence above changes.]

Other terms

These terms and the Privacy Policy are the whole agreement between you and us about Kaku. If any part of them is found unenforceable, that part is narrowed or removed and the rest stays in force. If we do not enforce a term right away, we have not given it up. You may not transfer your account or these terms to anyone else; we may transfer them to a company that buys or takes over Kaku, and we will tell you if we do. [CONFIRM with counsel: added at review — severability, entire agreement, no waiver, assignment. Counsel to tighten the wording; keep the plain-English register.]

Changes to these terms

When we change these terms we update the date at the top. If a change matters to subscribers — price, what a tier includes, how billing works, how your content may be used — we will email account holders at least [CONFIRM: 14] days before it takes effect, and you can cancel before then. Continuing to use Kaku after a change takes effect means you accept it. [CONFIRM: the account design records which version of the terms each person accepted; use that so a material change can be shown and re-accepted in the app.]

Contact

Quichapa Coffee Inc.
Cedar City, Utah [CONFIRM: street or registered PO box address to print]
office@quichapacoffee.com
435-586-7634

[CONFIRM: a kakucoffee.ai contact address once its mailboxes are set up.]