Terms of Service
Liminal Platform, a service of KLM Design Studio, Inc.
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS") CAREFULLY AND IN THEIR ENTIRETY BEFORE ACCESSING OR USING THE LIMINAL PLATFORM, A SERVICE OF KLM DESIGN STUDIO, INC. ("PLATFORM," "SITE," OR "SERVICE"). THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU ("USER," "CUSTOMER," OR "YOU") AND LIMINAL, A SERVICE OF KLM DESIGN STUDIO, INC AND ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "COMPANY," "WE," "US," OR "OUR").
BY ACCESSING THE PLATFORM, CREATING AN ACCOUNT, PURCHASING CREDITS, UPLOADING ANY DOCUMENTS, OR USING ANY FEATURE OF THE SERVICE IN ANY MANNER WHATSOEVER, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO EVERY PROVISION OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM AND MAY NOT ACCESS OR USE THE SERVICE UNDER ANY CIRCUMSTANCES.
YOUR CONTINUED USE OF THE PLATFORM CONSTITUTES YOUR ONGOING, AFFIRMATIVE, AND UNCONDITIONAL ACCEPTANCE OF THESE TERMS AS THEY MAY BE MODIFIED FROM TIME TO TIME.
1. DESCRIPTION OF SERVICE
1.1 Nature of Service
1.2 Supporting Role Only
The Service is provided solely as a support tool. The Company does not provide certification consulting services, professional engineering services, architectural services, legal services, or any other licensed professional services. The Platform is not a substitute for qualified professional judgment and is not intended to be used as such.
1.3 No Guarantee of Certification Acceptance
The Company makes absolutely no representation, warranty, guarantee, or promise of any kind, express or implied, that any Output Documents generated by the Platform will be accepted, approved, or recognized by the U.S. Green Building Council (USGBC), the Green Business Certification Inc. (GBCI), the International WELL Building Institute (IWBI), any certifying body, any governmental authority, any reviewer, or any other third party, in whole or in part, under any circumstances.
The quality, completeness, and acceptability of Output Documents generated by the Platform is entirely and exclusively dependent upon the quality, completeness, accuracy, and sufficiency of the information, data, and documents provided by the User. The Company has no control over and assumes no responsibility whatsoever for the ultimate determination of any Certification Program reviewer or certifying body. Users expressly acknowledge and agree that certification outcomes are governed by factors entirely outside the Company's control, including but not limited to: changes in Certification Program standards, reviewer discretion, submission formatting requirements, project-specific conditions, regulatory requirements, and the inherent limitations of AI-assisted analysis.
1.4 Credit-Based Purchase Model
2. ELIGIBILITY AND ACCOUNT REGISTRATION
2.1 Eligibility
2.2 Account Responsibility
2.3 Accurate Information
3. DOCUMENT SUBMISSION AND HANDLING
3.1 Required Documents
3.2 User Responsibility for Submitted Documents
You are solely and exclusively responsible for all documents submitted to the Platform. By submitting documents, you represent and warrant that:
- You have the legal right to submit such documents and to grant the Company the right to process them as contemplated by these Terms;
- The documents are accurate, complete, authentic, and not fraudulent, falsified, or materially misleading in any respect;
- The submission and processing of such documents does not violate any applicable law, regulation, contractual obligation, intellectual property right, privacy right, or other right of any third party;
- You have obtained all necessary consents, authorizations, and permissions from any third parties whose information, intellectual property, or personal data may be contained in the submitted documents;
- The documents do not contain any malware, viruses, corrupted data, or code designed to interfere with or damage the Platform or any systems.
3.3 Document Retention and Deletion
3.4 Document Quality
4. OUTPUT DOCUMENTS AND LIMITATIONS
4.1 Nature of Output Documents
4.2 User's Obligation to Review
Users are solely responsible for reviewing, verifying, correcting, and validating all Output Documents prior to any use, submission, reliance, or distribution. The Company expressly disclaims all responsibility for any Output Document that is used without adequate professional review. Users should engage qualified professionals, including LEED Accredited Professionals, WELL Accredited Professionals, or other certified consultants, to review all Output Documents before submission to any certifying body.
4.3 Certification Outcomes
The Company does not guarantee, represent, or warrant that: (A) any Output Document will meet the requirements of any Certification Program; (B) any Output Document will be accepted by any certifying body; (C) any project will achieve LEED, WELL, or any other certification as a result of using the Service; (D) the analysis performed by the Platform is consistent with the current version of any Certification Program standard; or (E) the use of the Service will reduce the time, cost, or effort required to achieve certification. Certification Program requirements change frequently and the Company makes no warranty that the Platform is updated to reflect current requirements.
4.4 Third-Party AI Limitations
5. FEES, CREDITS, AND PAYMENT
5.1 Fees
5.2 No Refunds
All Credit purchases are final and non-refundable under all circumstances.
The Company will not issue refunds or credits for unused Credits, Credits used in connection with outputs the User is dissatisfied with, Credits expended in connection with analyses that fail to produce acceptable certification documents, or for any other reason whatsoever. The Company's obligation is limited to the provision of the Service in the manner described herein, and satisfaction with the Output Documents is expressly not a condition of payment.5.3 Taxes
6. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, the Platform, the Service, and all Output Documents are provided "as is," "as available," and "with all faults," without warranty of any kind, either express or implied, statutory, or otherwise. The Company, on behalf of itself and its owners, members, managers, officers, directors, employees, agents, successors, and assigns, hereby expressly disclaims all warranties, including but not limited to:
- Any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement;
- Any warranty that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components;
- Any warranty regarding the accuracy, completeness, reliability, timeliness, or quality of any Output Documents or analysis;
- Any warranty that Output Documents will satisfy the requirements of any Certification Program, certifying body, or regulatory authority;
- Any warranty that the Service will meet the User's specific requirements or expectations;
- Any warranty arising from course of dealing, course of performance, or usage of trade.
No oral or written information or advice given by the Company or its representatives shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties; in such jurisdictions, the foregoing exclusions apply to the fullest extent permitted by applicable law.
7. LIMITATION OF LIABILITY AND INDEMNIFICATION
7.1 Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances whatsoever shall the Company, or any of its owners, members, managers, officers, directors, employees, contractors, agents, licensors, successors, or assigns (collectively, the "Company Parties") be liable to you or to any third party for any:
- Direct, indirect, incidental, consequential, special, exemplary, punitive, or any other damages of any kind;
- Loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings;
- Costs of procurement of substitute services;
- Certification denial, delay, or revocation;
- Fines, penalties, or sanctions imposed by any authority;
- Third-party claims arising from your use of Output Documents;
- Loss, corruption, or unauthorized access to submitted documents;
- Any other loss or damage, whether based in contract, tort (including negligence), strict liability, statute, or any other legal or equitable theory, even if the Company has been advised of the possibility of such damages.
The Company Parties' total cumulative liability to you for all claims arising out of or related to these Terms or the Service, regardless of the form of the action, shall not exceed the lesser of (A) the total amount of Credits purchased by you in the three (3) months immediately preceding the event giving rise to the claim, or (B) one hundred United States dollars ($100.00). This limitation is a fundamental element of the basis of the bargain between you and the Company and applies even if this remedy is found to have failed of its essential purpose.
7.2 User Indemnification
7.3 Essential Bargain
8. INTELLECTUAL PROPERTY
8.1 Platform Ownership
8.2 Output Documents
8.3 Submitted Documents
8.4 Feedback
9. PROHIBITED CONDUCT
You agree that you will not:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Submit fraudulent, falsified, forged, or materially misleading documents to the Platform;
- Attempt to reverse-engineer, decompile, disassemble, or otherwise discover the source code or underlying AI models of the Platform;
- Use automated means to access the Platform or scrape data from the Platform;
- Interfere with or disrupt the integrity or performance of the Platform;
- Attempt to gain unauthorized access to any portion of the Platform or its related systems;
- Use the Service to generate documents for projects with which you have no legitimate involvement or authorization;
- Misrepresent your identity, credentials, or professional role to the Company;
- Sell, resell, or transfer Credits or access to the Platform to any third party without express written consent of the Company;
- Use the Service in any manner that could damage, disable, overburden, or impair the Platform or servers.
10. MODIFICATIONS TO TERMS AND SERVICE
11. TERMINATION
12. GOVERNING LAW, DISPUTE RESOLUTION, AND WAIVER OF JURY TRIAL
12.1 Governing Law
12.2 Mandatory Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm. The arbitration shall be conducted by a single arbitrator and shall take place in San Diego, CA.
12.3 Class Action Waiver
You waive any right to bring any dispute as a class, consolidated, representative, or private attorney general action, or to participate in a class, consolidated, representative, or private attorney general action brought by anyone else. The arbitrator shall have no authority to combine or aggregate claims, conduct a class arbitration, or award relief to a group of claimants in one proceeding.
12.4 Waiver of Jury Trial
You expressly waive your right to a trial by jury for any dispute arising out of or related to these Terms or the Service.