Terms of Use (Pilot Program)

Parties

These Terms are between Tempered Training Solutions LLC, a Washington limited liability company doing business as Kyln (“Owner”, “we”, “us”, or “our”), and the academy, agency, facility, or other organization that accesses the Application (“You” or “Your”) and any of Your authorized personnel who use the Application (“Authorized Users”).

• Owner Legal Name: Tempered Training Solutions LLC
• Doing Business As: Kyln
• Principal Location: Vancouver, WA 986XX
• Contact: cbuer@hotmail.com

(If the DBA name changes, these Terms automatically apply to the Application and services operated under the new trade name owned by Tempered Training Solutions LLC.)

1) Definitions

• “Application” means the web application, interfaces, documentation, and all updates or enhancements we provide.
• “Authorized Users” means Your personnel permitted to access the Application under these Terms.
• “Your Data” means data You or Your Authorized Users submit to or through the Application (e.g., student profiles, assignments, completion logs).
• “Service Data” means operational data generated by the Application (e.g., logs, analytics, usage metrics).
• “Pilot Program” means limited, pre-release, or trial access provided for evaluation or training purposes under these Terms.

2) Ownership; Feedback

• Ownership. Owner retains all rights, title, and interest in and to the Application and Service Data. These Terms do not transfer any ownership to You.
• Your Data. You own Your Data. You grant Owner a worldwide, royalty-free license to host, process, and use Your Data solely to provide and improve the Application.
• Feedback. You may provide feedback or suggestions. Owner may use them without restriction or compensation.

3) License; Pilot Scope; Reservation of Rights

• Owner grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Application during the Pilot Program solely for internal training purposes.
• Access is limited to organizations, facilities, and users expressly approved in writing by Owner.
• All rights not expressly granted are reserved by Owner.

4) Access; Accounts; Your Responsibilities

• You are responsible for managing Authorized User accounts and ensuring compliance with these Terms.
• You must provide all necessary connectivity, software, and equipment.

5) Acceptable Use; Restrictions

You and Your Users will not:

• Reverse-engineer, decompile, or modify the Application except as required by law.
• Interfere with performance, security, or integrity of the Application.
• Upload malware or unauthorized content.
• Enter CJIS, PHI, or operationally sensitive data outside training context.
• Benchmark or publish performance data without written consent.
• Resell or make the Application available to third parties without permission.

6) Confidentiality; Student Information

• Each party will protect the other’s non-public information with reasonable care.
• If You input trainee data, You represent You have authority to do so. Owner safeguards such data and only discloses it as needed to provide the Application or comply with law.

7) Privacy; Data Handling; Retention

• Owner processes Your Data solely to provide and improve the Application.
• Data is deleted or de-identified within 30 days of termination, subject to backups retained for up to 90 days.
• Aggregated, anonymized data may be used for analytics and service improvement.
• Upon termination, a 30-day export window is provided for record retrieval only.

8) Security

Owner maintains administrative, technical, and physical safeguards including TLS encryption. Data hosting and encryption-at-rest are provided through Supabase infrastructure. No system is 100% secure; You agree to notify Owner of any suspected unauthorized access.

9) Availability; Support; Changes

The Application is provided on a pilot, “AS IS” basis with no uptime guarantees or dedicated support. Features may change without notice.

10) Fees; Future Commercial Terms

Pilot access is complimentary for approved participants. Broader or continued use will require a separate commercial agreement with mutually agreed terms.

11) Term; Termination

The Pilot begins Aug 22, 2025 and continues until terminated by either party. Upon termination, all rights cease. Provisions on ownership, confidentiality, disclaimers, limitations, and governing law survive termination.

12) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OWNER IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. OWNER’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS PAID IN THE PRIOR 12 MONTHS OR $100.

14) Indemnification by You

You will defend and indemnify Owner and its members, managers, employees, and agents against third-party claims arising from Your Data or use of the Application in violation of these Terms or law.

15) Publicity

Owner will not identify You as a participant without written consent. Neither party may use the other’s marks or logos without written approval.

16) Export Compliance and Government Use

You will comply with U.S. export and sanctions laws. The Application is “Commercial Computer Software” under applicable FAR/DFARS provisions.

17) Miscellaneous

• No assignment without Owner’s written consent.
• Neither party is liable for delays beyond reasonable control.
• If any provision is unenforceable, remaining provisions stay effective.
• Failure to enforce is not a waiver.

18) Governing Law; Venue

These Terms are governed by the laws of the State of Washington. The parties submit to exclusive jurisdiction in the state and federal courts of Clark County, Washington.

19) Changes to Terms

We may update these Terms from time to time. Material changes will be posted or notified, and continued use constitutes acceptance.

20) Contact

• Owner: Tempered Training Solutions LLC (d/b/a Kyln)
• Location: Vancouver, WA 98682
• Email: cbuer@hotmail.com

Pilot Timing

Pilot Start: Aug 22, 2025 • Pilot continues until terminated under Section 11.

Future Name Changes

If the DBA name changes (e.g., “Kyln” → “Forge”), update only the “Doing Business As” references and public-facing branding. The underlying legal entity, Tempered Training Solutions LLC, remains the same.