Terms of Service

CyberKaze Terms of Service (v1 draft)

Version 1.0 draft, 2026-08-07. Draft only, not legal advice.

This is a v1 draft by the seller for review by a qualified lawyer in the jurisdictions where the product is sold before publishing. It is not legal advice, it is not a legal opinion, and it does not claim to be compliant with the consumer law of any country. Until a lawyer reviews it, this document states the seller's honest intent, not a guaranteed legal position.

---

1. Who these terms apply to

These terms apply to anyone who downloads, installs, or uses CyberKaze, and to anyone who buys a CyberKaze license. "You" means the person or organization using the software. "We", "us", and "the seller" mean Attest Dojo (Paul Sully). "The software" means CyberKaze, a workload scheduler for computers running local AI such as Ollama, MLX, and LM Studio.

The short version: CyberKaze reads system load and extra memory on disk, tells you when the machine is under Overload, eases listed local AI in place when it is (eased back by default, Full stop optional), continues them after a calm streak, and quarantines looping processes. The model stays loaded. The free monitor tier observes and reports. The paid tier acts: it can ease, Full-stop, and manage workloads under Overload. These terms cover that software product only. Attest Dojo also offers consulting and services separately, under their own agreements; those are not covered here, and a consulting engagement does not include a CyberKaze license.

2. The license grant

Subject to these terms, we grant you a limited, non-exclusive, revocable license to install and run one copy of the software on one machine, for your own use. This is a single-user, per-machine license.

• Per machine, per fingerprint. A licensed copy is bound to one machine by

a hardware fingerprint. One purchase licenses one machine. To run the paid tier on another machine, you need a license for that machine too.

• The free monitor tier needs no license. The observe-only monitor tier

(reading sensors and reporting verdicts, without Slow, Full stop, throttling, quarantining, or conditioning) runs free on any machine you own or operate.

• The paid tier needs a license. Slow, Full stop, continue, throttle, quarantine

enforcement, drill, conditioning, burst, and any license-checked feature are paid-tier features. They run for free during the 10-day trial, and after that they need a signed per-machine license.

• The trial. The first paid-tier command, license status, or value

starts a 10-day trial clock stored in local state. During the trial every paid feature runs. When the trial ends, paid-tier commands refuse until a license is installed, and the monitor tier keeps working.

• Packages are N per-machine licenses. A pack is a set of per-machine

license files, one for each machine fingerprint. Buying a pack does not change the per-machine rule: each file still binds one machine, and you activate each on its own machine.

• Servers. The Linux server edition is licensed per machine (per server),

not per CPU core or per rack.

The license is a file, not a key. You activate it with cyberkaze license activate <file>. The app verifies the signature against the seller's public key, checks that the fingerprint matches this machine, and checks expiry. It does all of this offline. There is no license server in v1, nothing phones home, and the trial clock is a local timestamp that can be reset by deleting the data directory; that is a documented limitation of the offline model, not a hidden behavior.

The license agreement that ships with the software states this grant in full. These terms and that license are read together; where they overlap they mean the same thing.

3. Machine fingerprinting and what stays local

What the software reads. It reads system metrics: load average, swap usage, and thermal pressure, plus disk health where the platform allows. That is the signal it acts on. The fingerprint it binds a license to is a stable per-machine hardware identifier, hashed with SHA-256, and is what makes the license per-machine.

What the software does on your machine. It can Slow or Full-stop AI processes in place with SIGSTOP and SIGCONT, then continue them, duty-cycle throttle them, flag looping processes for quarantine (informational until you acknowledge them), and duty-cycle allowlisted backup and archive writers during disk overload. It does not write Low Power Mode on macOS and it does not kill processes. When Protection is On (the default) and Overload is real, the background loop can act on listed AI during the trial or with a license; an install-agent --observe-only install or Protection Off watches and reports and holds nothing. A machine running observe-only is watching, never acting.

What stays local. The trial clock, license file, state, logs, and verdict history live in your user data directory. The software does not send anything on its own. It has no remote patch channel and no remote execution channel into your machine, by design.

Telemetry is off unless you turn it on. Telemetry is opt-in, off by default, and nothing is recorded, staged, or sent until you run cyberkaze telemetry on. Before consent you can run cyberkaze telemetry preview, which prints exactly what a payload would contain. If you enable it, the payload carries only: version, platform, arch, CPU model string, load averages, swap percent, verdict counts and enumerated reason kinds, thermal truth, command-use counts, error codes, and doctor PASS/WARN/FAIL kinds. It never carries file paths, user names, hostnames, IP addresses, MAC addresses, process command lines, model names, model hashes, or any content. Every payload passes a scrub check before it can be sent, and a payload containing any of those is rejected. cyberkaze telemetry off stops all sends and deletes any staged payload. Sends are limited to at most once per day. The telemetry endpoint is a placeholder until the service exists, so as of this writing nothing has ever been sent anywhere.

The support bundle is scrubbed too. cyberkaze support send builds a sanitized support report and opens your own mail app with it attached. Nothing is transmitted by the software; only your own mail app sends, and you can review before you click send. The one-button diagnostic send transmits nothing by itself. What leaves your machine is always your choice.

4. Refunds and pricing

We do not offer money-back refunds on purchases. Every purchase happens after a 10-day free trial that runs every paid feature on your own machine, so nobody pays for software they have not already used. The trial is the evaluation window. Digital downloads cannot be returned like a boxed product.

The $9 beta pilot was never a money-back sale. It is a credit toward the launch price, and that does not change.

We do help when something is genuinely wrong. If a license will not activate, or a purchase was a genuine mistake, email staff@attestdojo.com and we sort it out case by case. This policy is no blanket money-back window, not no human help.

An honest legal caveat, not legal advice. Consumer rights vary by country and are the buyer's to know. Many jurisdictions treat digital content as outside the standard cooling-off rules. In the EU, the 14-day withdrawal right can be waived for digital content when the consumer agrees to immediate delivery. In Japan, the Act on Specified Commercial Transactions (特定商取引法) may treat downloads as exempt from the cooling-off requirements that apply to physical goods. Where the law grants you a right this policy cannot waive, the law wins.

Pricing is stated on the site at the time of purchase. The monitor tier is free. The paid tier is one-time per machine, and multi-machine packages discount the per-machine price as the count grows. Japan checkout is 税込: the listed yen is the amount charged, with no extra tax stacked on top. Prices shown on the site can change; the price you agree to pay is the price shown at checkout.

5. Updates and changes

Fixes and improvements ship as new builds. In the CLI era you check for them with cyberkaze check-update, which checks attestdojo.com and tells you whether a newer build exists. It never auto-updates. You download the new signed build and install it over the old copy; installing over the top preserves your trial, license, and state. In the menu-bar app, Check for Updates in the menu checks attestdojo.com and installs a newer build if you choose.

There is no remote patch channel and no remote execution into your machine. That is a deliberate trust and security decision: updates are opt-in and visible, and support stays a conversation, not remote control.

We may change the software, its features, or its behavior in new builds, and we may add, change, or remove features over time. We do not promise that updates will continue for any specific period, and we may discontinue the product. Nothing in this paragraph overrides consumer rights that the law grants and cannot be waived.

6. Acceptable use

You may not:

• Install a licensed copy on more than one machine at a time, or share your

license file, activation, or fingerprint binding with anyone.

• Sell, rent, lease, sublicense, loan, or redistribute the software, in whole

or in part, including the source code, the bundled executable, or any modified version of it.

• Reverse engineer, decompile, disassemble, or try to derive the source code

of the software, except to the extent the law requires it despite this clause.

• Create derivative works from the software, or copy its code, icons, name, or

branding into another product.

• Remove, alter, or obscure any copyright, trademark, or license notice.
• Circumvent, disable, or interfere with the per-machine fingerprint check or

any licensing or security mechanism.

• Use the software on a machine it is not licensed for.
• Use the software to violate any law, or in any application where its failure

could cause death, personal injury, or severe property damage.

The software is for machines you own or operate, running workloads you accept being eased or held (eased back or Full stop) under Overload. If a workload must not stop, even briefly, this software should not manage it.

7. Support and the discussion board

Support is email-first: staff@attestdojo.com. That is the single canonical channel, stated in the license. There is no ticket queue and no chat bot; a person answers, and the person who sells it. cyberkaze support report builds a scrubbed bundle you can attach, and cyberkaze support send composes the email in your own mail app with the bundle already attached. You review, then you click send. Nothing is transmitted by the software itself.

The site hosts a discussion board on Attest Dojo's own domain. Login is by license number, so paying customers post, and you set a display name on top. Support stays by email; the board is for public conversation. Board access is a courtesy we can withdraw if you abuse it.

8. No warranty

The software is provided "as is" and "with all faults". To the maximum extent permitted by law, we make no warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability. We do not warrant that the software will operate without interruption, meet your requirements, or be free of errors.

Be honest about what this software can and cannot promise. We do not sell a degrees win, room AC, or an energy claim. Any intern estimate in a report is not a warranty. Verdicts depend on the machine, its workload, and its platform. On Apple Silicon there is no readable thermal sensor, so verdicts lean on the load reading and say so out loud. The CLI era requires Node 20+ on macOS, and a macOS update can interrupt the background loop. Disk shedding is a Linux server feature; on macOS only a failing drive sheds.

In particular, the paid tier may ease, Full-stop, or condition AI workloads under Overload, and the disk governor may duty-cycle allowlisted backup writers during disk overload. You are responsible for running workloads that tolerate being eased, and for anything that must not stop.

9. Limitation of liability

To the maximum extent permitted by law, our total liability under these terms is limited to the amount you actually paid for the license you are using when the claim arises. We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, even if advised of the possibility.

Say it plainly: this software touches real processes. When it holds, it sends SIGSTOP; when it continues, it sends SIGCONT. That is the product, and it acts on the machine you point it at. To the maximum extent permitted by law, we are not liable for lost data, hardware damage, or business loss that comes from using or failing to use the software. If a workload cannot stop, even briefly, do not let this software manage it.

10. How long the license lasts

The license is effective until terminated. It persists until the machine is retired or the license is transferred by agreement with us.

Transfer is manual and seller-assisted. You run cyberkaze license decommission on the retiring machine, which writes a proof file and prints the next steps. You email the proof to staff@attestdojo.com, and we record the old slot as revoked and re-issue a license for the replacement machine. There is no license server in v1, so nothing is automatic: the transfer happens by agreement, not by remote enforcement. Whether a re-issue is free, what proof is needed, and whether there is any re-issue limit are operational decisions we will state on the site.

We may terminate the license immediately if you breach the acceptable use rules in section 6. On termination, uninstall the software and delete all copies from the licensed machine. The sections on warranty disclaimers, limitation of liability, and governing law survive termination.

11. Governing law and disputes

This clause is not final. Governing law and jurisdiction are undecided and need the seller's explicit decision before this document is published.

The default in this draft matches the license agreement: these terms are governed by the laws of Japan, and any dispute arising from them is subject to the exclusive jurisdiction of the courts of Okinawa, Japan. Japan-first launch makes Japan law the natural default, but that is a choice for the seller to confirm, not an assumption to rely on. Where the product is sold internationally, the enforceability of a Japan governing-law clause and exclusive-jurisdiction clause should be reviewed in each market.

If any provision of these terms is held unenforceable, the remaining provisions continue in effect.

12. Contact

The seller is Attest Dojo (Paul Sully). Support and licensing: staff@attestdojo.com. A copy of these terms ships with every download and is available on the site.

13. What a lawyer must review

This checklist is the point of this document being a draft. Before publishing or linking these terms, a qualified lawyer in each jurisdiction where the product is sold should review:

1. Governing law and jurisdiction. Is Japan with the courts of Okinawa the

right default, does it match the license agreement, and does it hold for buyers outside Japan?

1. EU consumer law. The 14-day withdrawal right, its waiver for digital

content, and how both interact with the no-money-back refund policy.

1. Japan consumer law. The Act on Specified Commercial Transactions

(特定商取引法), the treatment of downloads, cooling-off exemptions, and whether the refund policy and its "the law wins" caveat are correctly worded.

1. The refund policy's legality in each market. Whether the no money-back

policy can be stated the way this draft states it, and how the case-by-case path at staff@attestdojo.com should be described.

1. The limitation of liability. Whether the cap at the amount paid, and the

exclusion of indirect and consequential loss, are enforceable in each market, including for consumer sales.

1. The warranty disclaimer. Whether the "as is" language survives, and

whether the honest best-effort language about Overload, energy, and hardware is enough in each market.

1. Consistency with the license agreement. Whether the per-machine

fingerprint license, the transfer-by-agreement step, and the acceptable use list read consistently across the license and these terms, and whether "by agreement" needs more precision.