# TERMS OF SERVICE

**TenkaSystem Services**

**Effective Date:** May 9, 2026
**Version:** 1.0
**Operator:** Tenka Software Studio ("Tenka," "we," "us," or "our")
**Contact:** legal@tenkasystem.com | PO Box 62, Hoytville, OH 43529

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## NOTICE

THESE TERMS OF SERVICE ("TERMS") GOVERN YOUR ACCESS TO AND USE OF THE SERVICES DEFINED BELOW. BY CREATING AN ACCOUNT, INSTALLING OR USING THE SOFTWARE, OR ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

THESE TERMS INCORPORATE THE END USER LICENSE AGREEMENT ("EULA") AND THE PRIVACY POLICY BY REFERENCE.

SECTION 13 (DISPUTE RESOLUTION AND GOVERNING LAW) CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. SECTION 13.8 PROVIDES A 30-DAY OPT-OUT RIGHT FOR THE ARBITRATION AGREEMENT. READ IT CAREFULLY.

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## 1. DEFINITIONS

**1.1 "Services"** means, collectively, the TenkaSystem Installer, the Tenka Window host application, the Tenka command-line interface and graphical user interface, all backend services that support those products, the tenkasystem.com website, and any related applications, APIs, content, and features provided by Tenka.

**1.2 "Software"** has the meaning given in the EULA.

**1.3 "Account"** means the account You create with Tenka to use the Services.

**1.4 "Workspace"** means the named container associated with Your Account in which Your operational records are organized.

**1.5 "User Content"** means any content You submit, upload, sign, generate, or otherwise process through the Services, including files You sign or verify, provenance metadata You write, and exported manifests.

**1.6 "Operational Data"** has the meaning given in the EULA.

**1.7 "TSAIF Anchor"** and **"Chain Entry"** have the meanings given in the EULA.

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## 2. ELIGIBILITY

**2.1 Age.** You must be at least 16 years old, or the minimum age required by law in Your jurisdiction, to use the Services.

**2.2 Authority.** If You use the Services on behalf of an entity, You represent that You have authority to bind the entity to these Terms.

**2.3 Sanctioned Persons.** You may not use the Services if You are located in, or are a citizen or resident of, a country subject to a comprehensive U.S. embargo, or if You are on any U.S. government restricted-party list.

**2.4 Testing-Period EU and UK Access.** During the testing period (through July 1, 2026), Tenka accepts users in the European Economic Area, United Kingdom, and Switzerland only on an invitation-only operator-peer basis. Commercial general availability in those jurisdictions begins on or after August 1, 2026, at which point Tenka will appoint an EU representative pursuant to GDPR Article 27 and update these Terms accordingly.

*[REVISION NOTE for Hunter: §2.4 reflects the testing-period invitation-only posture that defers the GDPR Article 27 representative requirement until commercial launch. Confirm this framing during legal review and revise if Article 27 obligations attach during testing-period invitation-only access.]*

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## 3. ACCOUNTS

**3.1 Account Creation.** To access certain features, You must create an Account by providing accurate information (including a valid email address) and completing email verification.

**3.2 Credentials.** You are responsible for safeguarding Your password and for all activity under Your Account. Tenka is not liable for losses arising from Your failure to maintain credential security.

**3.3 Accurate Information.** You agree to provide accurate, current, and complete information and to update it as necessary.

**3.4 One Account.** You may not create multiple Accounts, create an Account on behalf of another person without authorization, or impersonate any person or entity.

**3.5 Notification of Compromise.** Notify Tenka immediately at security@tenkasystem.com if You suspect unauthorized access to Your Account or compromise of Your TSAIF Anchor.

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## 4. ACCESS LICENSE

Subject to these Terms, Tenka grants You a limited, non-exclusive, non-transferable, revocable right to access and use the Services for Your internal personal or business purposes during the term of these Terms. Use of the Software is also subject to the EULA.

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## 5. ACCEPTABLE USE

You agree not to, and not to permit any third party to:

(a) Use the Services to violate any law or regulation, or any third-party right, including intellectual property, privacy, or publicity rights;

(b) Upload, sign, verify, or distribute through the Services any content that is unlawful, defamatory, obscene, harassing, threatening, infringing, fraudulent, or that solicits or facilitates illegal activity;

(c) Forge, falsify, or tamper with chain entries, cryptographic signatures, or provenance metadata; attempt to misattribute operations to another user's TSAIF Anchor; or claim Tenka attestation for operations Tenka did not attest;

(d) Use the Services to develop, deploy, or operate malware, ransomware, spyware, or any code designed to disrupt, damage, or gain unauthorized access to any system;

(e) Probe, scan, or test the vulnerability of the Services or any related system, except through Tenka's published responsible disclosure or security research program (if any);

(f) Bypass, disable, or interfere with security or access controls, rate limits, or other Service features;

(g) Use automated means (scrapers, bots, harvesters) to access the Services except through APIs Tenka makes available for that purpose;

(h) Use the Services to send unsolicited communications, spam, or chain letters;

(i) Use the Services in a manner that interferes with, disrupts, or imposes an unreasonable load on the Services or other users' use of the Services;

(j) Resell, sublicense, or commercially redistribute the Services without Tenka's prior written consent;

(k) Use the Services to develop a competing product or service, or to reverse engineer the Services for that purpose;

(l) Use the Services in any safety-critical application where failure could reasonably be expected to result in death, personal injury, or severe physical or environmental damage.

Tenka reserves the right to investigate and take action against violations, including suspension or termination of Your Account.

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## 6. USER CONTENT

**6.1 Ownership.** You retain ownership of Your User Content.

**6.2 Limited License to Tenka.** You grant Tenka a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process User Content solely as necessary to provide and improve the Services and to comply with law. This license terminates when You delete the relevant User Content from the Services, except (a) for content already incorporated into backups, (b) for content retained for legal, audit, or substrate-integrity reasons, and (c) as described in Section 6.3.

**6.3 Operational Data and AI Training.** Operational Data generated by Your use of the Services is governed by Section 6 of the EULA and Section 4 of the Privacy Policy.

**6.4 Responsibility.** You are solely responsible for Your User Content and the consequences of submitting, signing, verifying, or distributing it.

**6.5 Removal.** Tenka may remove or disable User Content that it believes, in its reasonable judgment, violates these Terms or applicable law, with notice to You where practicable.

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## 7. CHAIN ATTESTATION; INTEGRITY OF THE SUBSTRATE

**7.1 Integrity Commitment.** The Services rely on cryptographic chain attestation, deterministic identity derivation, and signature verification. You agree not to take any action intended to compromise the integrity of the substrate, including tampering with local or backend chain entries, forging signatures, or attempting to falsify provenance metadata.

**7.2 Verification of Third-Party Artifacts.** When You verify a signature, provenance marker, or attestation produced by another user, the Services report what the cryptographic primitives prove. Tenka does not guarantee the trustworthiness of any third-party user or of any content they signed.

**7.3 Federation.** Peer attestation features may transmit data to other users, including across institutional or international boundaries. You are responsible for ensuring that Your federation use complies with any obligations You have to Your employer, regulator, or other principal.

*[REVISION NOTE for Hunter: §7 substrate integrity clauses frame forgery and chain tampering as breach grounds, not just unwelcome behavior. Confirm the language supports the enforcement consequences intended (injunctive relief carve-out is in §13.6).]*

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## 8. FEES, BILLING, AND TIERS

**8.1 Free and Paid Tiers.** Certain Services or features may be offered free of charge; others may require payment. The pricing, billing cycle, and feature set of paid tiers are described at the point of purchase and may change with prospective notice.

**8.2 Payment.** If You purchase a paid tier, You authorize Tenka or its payment processor to charge the payment method You provide. You are responsible for keeping payment information current.

**8.3 Taxes.** Fees are exclusive of taxes; You are responsible for any applicable taxes other than taxes on Tenka's income.

**8.4 Refunds.** Except where required by law or expressly stated in a refund policy, fees are non-refundable.

**8.5 Auto-Renewal.** Subscriptions may auto-renew at the end of each term unless canceled before renewal in accordance with the cancellation procedure described at the point of purchase. You may cancel at any time; cancellation takes effect at the end of the current term unless otherwise stated.

**8.6 Beta and Founders Tiers.** Tenka may offer beta access, founders tiers, or other preview programs subject to additional terms presented at enrollment.

**8.7 Token-Based Access.** Tenka may offer token-based access mechanisms, including tokens purchased separately from subscription tiers, tokens granted as part of cross-system memberships, and tokens issued in connection with educational tier participation. Token terms (purchase, transfer, expiration, refund, and exemption) are described at the point of acquisition and govern the specific token-gated access.

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## 9. UPDATES; MODIFICATIONS TO THE SERVICES

**9.1 Updates.** Tenka may update, enhance, or modify the Services from time to time. Updates may add, change, or remove features.

**9.2 Substrate Versions.** Substrate-level changes (for example, V0.1.10) may affect chain entry format, hashing rules, signature behavior, or interoperability with prior versions. Backward compatibility is maintained on a best-effort basis.

**9.3 Discontinuation.** Tenka may discontinue any feature or the Services as a whole with reasonable notice where practicable. In the event of discontinuation, Tenka will use commercially reasonable efforts to allow You to export Your data.

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## 10. INTELLECTUAL PROPERTY

**10.1 Tenka Materials.** The Services, including all software, content, designs, trademarks, logos, and trade dress, are the property of Tenka or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted, no rights are transferred to You.

**10.2 Open Substrate Specifications.** Certain substrate specifications may be published by Tenka under separate open or permissive licensing terms. Those specifications are governed by their own license, not these Terms. The Tenka implementation remains proprietary.

*[REVISION NOTE for Hunter: §10.2 implements the open-substrate, proprietary-implementation split. Confirm the language doesn't accidentally release proprietary implementation under any open license.]*

**10.3 Feedback.** Any feedback, suggestions, or ideas You provide may be used by Tenka without obligation to You.

**10.4 DMCA / Copyright Complaints.** If You believe content available through the Services infringes Your copyright, send a notice to Tenka's designated DMCA agent containing the information required by 17 U.S.C. § 512(c)(3):

> Justin M. Fish, DMCA Agent
> Tenka Software Studio
> PO Box 62, Hoytville, OH 43529
> dmca@tenkasystem.com

Counter-notices may be submitted under 17 U.S.C. § 512(g) to the same address.

*[REVISION NOTE: Verify exact name format and contact info on copyright.gov DMCA agent filing before publication. Agent designation must be on file with the U.S. Copyright Office.]*

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## 11. THIRD-PARTY SERVICES AND OPEN-SOURCE COMPONENTS

The Services may integrate with or rely on third-party services (including Supabase for database hosting, Railway for backend application hosting, Vercel for frontend hosting, and SendGrid for email delivery) and open-source software. Your use of third-party services may be subject to separate terms. Open-source components are licensed under their respective licenses and are not subject to these Terms to the extent inconsistent.

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## 12. WARRANTIES AND DISCLAIMERS

**12.1 EULA Warranties.** The limited warranty for the Software is set forth in Section 10.1 of the EULA.

**12.2 Service Disclaimer.** EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TENKA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

**12.3 No Uptime Guarantee.** TENKA DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE ACCESS TO THE SERVICES. SERVICE LEVEL COMMITMENTS, IF ANY, ARE SET FORTH IN A SEPARATE SERVICE LEVEL AGREEMENT.

**12.4 No Guarantee of Third-Party Behavior.** TENKA DOES NOT GUARANTEE THAT THIRD PARTIES WILL HONOR ATTESTATIONS, CREDENTIALS, OR SIGNED ARTIFACTS PRODUCED BY THE SERVICES.

**12.5 Jurisdictional Limits.** Some jurisdictions do not permit the exclusion of certain warranties; the above exclusions apply to the maximum extent permitted by law.

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## 13. DISPUTE RESOLUTION AND GOVERNING LAW

**13.1 Governing Law.** These Terms are governed by the laws of the State of Ohio, United States of America, without regard to its conflict of laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

**13.2 Informal Resolution.** Before filing any claim, You agree to attempt to resolve the dispute informally by contacting Tenka at legal@tenkasystem.com and allowing thirty (30) days for resolution.

**13.3 Venue.** Subject to Section 13.4, the state and federal courts located in Wood County, Ohio have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Services, and You consent to personal jurisdiction in those courts.

**13.4 Binding Individual Arbitration.** Except as provided in Section 13.6, any dispute, claim, or controversy arising out of or related to these Terms or the Services (each, a "Dispute") that is not resolved through the informal process in Section 13.2 will be resolved exclusively through final and binding individual arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (or its Streamlined Rules where the amount in controversy is below the JAMS threshold), as modified by this Section.

(a) **Arbitrator.** A single arbitrator will be selected in accordance with the JAMS rules. The arbitrator has exclusive authority to resolve all threshold issues, including arbitrability, scope, formation, and enforceability of this arbitration provision, except that a court of competent jurisdiction will decide any challenge to the enforceability of the class action waiver in Section 13.5.

(b) **Seat and Hearing.** The seat of arbitration is Wood County, Ohio. Arbitration may be conducted in person, by video conference, by telephone, or based on written submissions, at the election of the party initiating the proceeding for claims of US$25,000 or less, and otherwise as the arbitrator directs.

(c) **Governing Rules.** The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Section. Substantive law is determined per Section 13.1.

(d) **Costs and Fees.** Each party bears its own attorneys' fees and costs except as the arbitrator may award under applicable law. Filing and arbitrator fees are allocated per the JAMS rules; where applicable consumer rules require Tenka to bear a greater share of consumer arbitration fees, Tenka will do so.

(e) **Award.** The arbitrator's award is final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

**13.5 Class Action Waiver.** TO THE EXTENT PERMITTED BY LAW, YOU AND TENKA EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY MATTER NOT SUBJECT TO ARBITRATION. IF THIS CLASS ACTION WAIVER IS HELD UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN THAT CLAIM WILL BE SEVERED FROM ARBITRATION AND BROUGHT IN THE COURTS DESCRIBED IN SECTION 13.7, AND ALL OTHER CLAIMS WILL REMAIN IN ARBITRATION.

**13.6 Carve-outs.** Notwithstanding Section 13.4, either party may (a) bring an individual claim in small claims court in a court of competent jurisdiction so long as the claim remains there; (b) seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, breach of confidentiality, or violation of Sections 5 (Acceptable Use), 6 (User Content), or 7 (Substrate Integrity); and (c) participate in any government investigation or proceeding.

**13.7 Court Venue for Carve-out and Severed Claims.** For any matter not subject to arbitration under this Section, the state and federal courts located in Wood County, Ohio have exclusive jurisdiction, and You consent to personal jurisdiction there.

**13.8 30-Day Opt-Out Right.** You may opt out of the arbitration agreement in Section 13.4 by sending written notice to PO Box 62, Hoytville, OH 43529 or by email to legal@tenkasystem.com within thirty (30) days of first accepting these Terms. The notice must include Your name, the email address associated with Your Account, and a clear statement that You wish to opt out of arbitration. Opting out does not affect any other provision of these Terms, including Section 13.5 (Class Action Waiver) and Section 13.7 (Court Venue).

**13.9 Limitations Period.** Any claim arising out of or related to these Terms must be filed within one (1) year after the cause of action accrues, except where a longer period is required by law.

*[REVISION NOTE for Hunter: 1-year contractual limitations period is generally enforceable in Ohio. Some states (California, Texas) require longer minimums and may invalidate the shortened period as to residents of those states. Confirm enforceability per-state during review and add state-specific carve-outs if needed.]*

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## 14. LIMITATION OF LIABILITY

**14.1 Exclusion of Indirect Damages.** TO THE MAXIMUM EXTENT PERMITTED BY LAW, TENKA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF USE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF TENKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

**14.2 Cap.** TENKA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO TENKA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS (US$1,000).

**14.3 Carve-outs.** The limitations above do not apply to (a) Your indemnification obligations, (b) Your breach of Sections 5 (Acceptable Use), 6 (User Content), or 7 (Substrate Integrity), or (c) liability that cannot be limited under applicable law.

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## 15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Tenka and its affiliates and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your use of the Services in violation of these Terms; (b) Your User Content; (c) Your violation of any law or third-party right; or (d) Your gross negligence or willful misconduct.

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## 16. TERMINATION

**16.1 Termination by You.** You may terminate these Terms at any time by closing Your Account and ceasing use of the Services.

**16.2 Termination by Tenka.** Tenka may suspend or terminate Your access immediately if You materially breach these Terms, including any breach of Sections 5, 6, or 7, or upon thirty (30) days' notice for any other reason or no reason.

**16.3 Effect.** Upon termination, Your right to use the Services ends. Sections 1, 6.3, 10, 12, 13, 14, 15, 16, 17, and any other provision that by its nature should survive, will survive termination.

**16.4 Data Export and Deletion.** Following termination, Tenka will, upon Your request, provide a reasonable export window. After expiration of that window, Tenka may delete Your data, subject to backup retention and legal hold obligations described in the Privacy Policy.

**16.5 Locally Stored Data.** Locally stored TSAIF Anchors and chain entries remain on Your device after termination. Tenka is not responsible for their continued security.

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## 17. GENERAL

**17.1 Entire Agreement.** These Terms, together with the EULA, Privacy Policy, and any additional terms presented at the point of purchase or feature enrollment, constitute the entire agreement and supersede all prior agreements between You and Tenka regarding the Services.

**17.2 Order of Precedence.** In the event of conflict, the following order of precedence applies: (a) any signed written agreement between You and Tenka; (b) these Terms; (c) the EULA; (d) the Privacy Policy; (e) any additional feature-specific terms.

**17.3 Modifications.** Tenka may modify these Terms by providing reasonable notice through the Services or by email. Material changes take effect on the date stated in the notice (no less than fifteen (15) days after notice, except where a shorter period is required by law). Continued use after the effective date constitutes acceptance.

**17.4 Notices.** Notices to Tenka must be sent to PO Box 62, Hoytville, OH 43529. Tenka may notify You through the Services, by email, or by other reasonable means.

**17.5 Assignment.** You may not assign these Terms without Tenka's prior written consent. Tenka may assign these Terms to an affiliate or in connection with a merger, acquisition, financing, reorganization, or sale of assets.

**17.6 Severability.** If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.

**17.7 No Waiver.** No waiver is effective unless in writing signed by Tenka. Failure to enforce any provision is not a waiver.

**17.8 No Third-Party Beneficiaries.** These Terms do not create third-party beneficiary rights, except for Tenka's affiliates and the indemnified parties named in Section 15.

**17.9 Force Majeure.** Neither party is liable for delays or failures caused by events beyond reasonable control.

**17.10 Government End Users.** The Services are "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202. U.S. government end users acquire only those rights set forth in these Terms.

**17.11 Headings.** Section headings are for convenience only and do not affect interpretation.

**17.12 Electronic Signatures.** You agree that these Terms may be accepted electronically and that Your acceptance, including via clickwrap and chain-attested acceptance events recorded by the Services, constitutes Your electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and comparable laws.

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## 18. CONTACT US

**Tenka Software Studio**
PO Box 62
Hoytville, OH 43529
United States

legal@tenkasystem.com (legal and contract matters)
support@tenkasystem.com (general support)
security@tenkasystem.com (security incidents)
privacy@tenkasystem.com (privacy and data rights)
dmca@tenkasystem.com (copyright complaints)

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*End of Terms of Service.*