Terms of Service — Kullisa Labs Creator Program
IMPORTANT — ENGLISH LANGUAGE CONFIRMATION
These Terms of Service are provided in English only. By accepting them, you confirm that you have sufficient command of the English language to fully understand these Terms and all documents referred to herein.
1. Scope and Contracting Parties
- These Terms of Service (“TOS”) govern the use of the Kullisa Labs platform and the Creator Program by the Creator.
- The contracting party of the Creator is:
Kullisa Labs Alexander Leypold Schmittstrasse 15/10 8720 Knittelfeld Austria Email: info@kullisalabs.com
- Deviating, conflicting, or supplementary TOS of the Creator shall only become part of the contract if Kullisa Labs has expressly consented to their application in writing.
- B2B ONLY. These TOS apply exclusively to entrepreneurs within the meaning of §1 UGB (Austrian Commercial Code). By registering, the Creator confirms that they are acting in the course of their trade, business, or profession and not as a consumer.
- TERRITORIAL SCOPE. The Platform and the Creator Program are directed exclusively at businesses domiciled in the United States of America and Canada. Kullisa Labs reserves the right to refuse service, terminate accounts, or cancel contracts with Creators not domiciled in the USA or Canada.
- Consumers within the meaning of the Austrian Consumer Protection Act (KSchG) are excluded from using the Platform.
2. Service Description
- Kullisa Labs provides the Creator with a technical infrastructure platform comprising:
- Creator Portal with authentication, onboarding, and dashboard
- Landing page hosting with custom domain
- Billing and access management infrastructure
- Payment processing integration (Stripe Connect)
- Extension development toolkit
- Kullisa Labs does NOT provide legal advice, tax advice, or marketing advice.
- Current pricing for each infrastructure model is published on the Platform and may be updated in accordance with §4(3).
3. Registration
- Registration is carried out via Google OAuth or Microsoft OAuth.
- Before completing registration, the Creator must explicitly confirm:
- “I confirm that my business is domiciled in the United States or Canada.”
- “I confirm that I am registering as a business / entrepreneur and not as a consumer.”
- “I have read and accept the Terms of Service (including the Data Processing Agreement), and I acknowledge the Privacy Policy.”
4. Infrastructure Subscription
- The infrastructure subscription is payable monthly in advance via Stripe.
- Auto-renewal unless cancelled before the end of the current billing period.
- Kullisa Labs reserves the right to adjust prices with four weeks’ notice.
5. [Removed — Hard Reset discontinued as of 2026-08-10]
6. Wildcard and Trademark Rights
- During onboarding, the Creator chooses a product name used as a wildcard subdomain.
- Kullisa Labs does NOT verify whether the name infringes third-party rights. Sole responsibility lies with the Creator.
- The Creator shall fully indemnify Kullisa Labs against all third-party claims arising from infringement.
- Kullisa Labs reserves the right to block or remove Wildcard names if manifestly unlawful.
- The Wildcard Reset is only possible up to Phase 6. From Phase 7 (Go-Live), the Wildcard is permanently locked.
7. Payment Processing
- Rule Cycle 1: Payment from Creator to Kullisa Labs via Stripe. No credit card data stored by Kullisa.
- Rule Cycle 2: Payment from end customer to Creator via Creator’s own Stripe Connect v2 account. Kullisa Labs is NOT a contracting party to the end customer.
- Stripe assumes liability for negative balances on Connect accounts.
8. Creator Obligations
- The Creator undertakes to comply with applicable law, including data protection, consumer protection, competition law, and trademark/copyright law.
- The Creator is solely responsible for all content on their landing page.
- The Creator must ensure their extension does not contain malware or harmful code.
- The Creator undertakes not to operate any unlawful, misleading, or fraudulent business model.
9. Data Protection and Data Processing Agreement
- The Creator is the Controller (Art. 4(7) GDPR) for end customer data.
- Kullisa Labs acts as a Processor (Art. 28 GDPR). The DPA — permanently accessible at kullisalabs.com/dpa — is an integral part of these TOS.
- Kullisa Labs processes end customer data exclusively in dedicated end customer databases, on documented instructions.
10. Account Deletion
- The Creator may delete their account at any time via profile settings. Deletion is irreversible.
- Account deletion includes all personal data, configuration data, end customer data, and immediate subscription termination.
- Fees already paid shall NOT be refunded.
- Transaction data is retained in anonymised form for seven years.
- The Stripe Connect account is not automatically closed upon account deletion.
11. Liability
- Kullisa Labs bears unlimited liability for intent and gross negligence as well as personal injury.
- For slight negligence, liability is limited to the foreseeable damage typical for the contract.
- Kullisa Labs assumes NO liability for: Stripe infrastructure outages, AI provider outages, loss of revenue, damage from Creator landing page content, or disputes between Creators and end customers.
- Kullisa Labs is NOT a payment service provider. All payment services are provided by Stripe.
12. Amendments to These TOS
- Kullisa Labs reserves the right to amend these TOS with effect for the future.
- The Creator will be informed of amendments by email at least four weeks in advance.
- If the Creator does not object within two weeks, the amended TOS are deemed accepted.
13. Final Provisions
- These TOS are governed by the laws of the Republic of Austria, excluding the CISG and IPRG referral norms.
- Place of jurisdiction: competent court at the seat of Kullisa Labs.
- Severability clause: invalid provisions shall be replaced by those closest to the economic purpose.
- EU ODR: https://ec.europa.eu/consumers/odr/. Kullisa Labs is neither willing nor obliged to participate in consumer arbitration.