Last updated: July 1, 2025

Please read these terms carefully as it explains the terms by which you may use the experimental Kong Labs product or feature that Kong Inc., a Delaware corporation (“Kong” or “we” or “us”) makes available and that displays these terms (“Kong Labs Project”). By accessing or using the Kong Labs Project you agree to the terms and conditions outlined in these Kong Labs Terms of Use (“Terms”). If you do not agree to the Terms, please do not use the Kong Labs Project.

Kong Labs Projects

Kong Labs Projects are products and features that we offer as private or public experimental previews. Kong Labs Projects are not a supported Kong product or service, and we will have no obligation to provide any support or maintenance services, uptime commitments or release any updates, new versions or bug fixes. Kong may suspend or terminate access to or use of any Kong Labs Product at any time and for any reason.

Usage Rights

Subject to compliance with these Terms, Kong grants you a non-exclusive, non-transferable, revocable and limited license (without the right to sublicense) to access and use the Kong Labs Project solely for your personal or internal business purposes. Kong reserves all rights not expressly granted in these Terms. Any open source software components (“Open Source Components”) used in the Kong Labs Project are subject to the applicable open source license.

Restrictions on Use

In addition to any restrictions in these Terms, you must not and must not allow any third party to modify, create derivative works, reverse engineer, decompile, decrypt, disassemble or otherwise attempt to discover the source code of the Kong Labs Project. You must not access the Kong Labs Project, including any underlying third party systems, models or algorithms, to build a similar or identical functionality or competing product or to train large language models. You must not use the Kong Labs Project in an unlawful manner or in violation of any applicable laws, these Terms or any acceptable use policies provided with or linked to the Kong Labs Project. You must not sublicense, sell, rent, lease, license, transfer, assign, redistribute or sell access to the Kong Labs Project. You must not use the Kong Labs Project in a production environment or with production data. You must not alter or remove any proprietary notices in the Kong Labs Project. You must not use the Kong Labs Project to process any protected health data or payment cardholder information.

Submitted Content and Feedback

We may provide the ability for you to upload or share information or content on or through the Kong Labs Project. You represent and warrant that you own or have lawfully obtained the rights or consents to use all information, data, queries, prompts, text, code, images or other content posted by you (“Submitted Content”). You must ensure the Submitted Content complies with applicable laws or these Terms and are solely responsible for any liability arising from or related to any Submitted Content. Kong may freely use and incorporate into the Kong Labs Project or Kong’s products and services any feedback provided by you (“Feedback”).

Outputs

The Kong Labs Project may generate information, data, text, code, images or other content (“Output”) for you to use. You understand that Outputs may not be bug-free, complete, accurate or suitable for your purposes and do not represent Kong or its third-party service providers’ views.

License to User Content

You grant Kong a worldwide non-exclusive, assignable, sublicensable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the Submitted Content, Feedback and Outputs (“User Content”). Without limiting the foregoing, Kong may freely use User Content to provide the Kong Labs Project, support and improve Kong’s products, enforce Kong’s or its licensors’ terms, comply with applicable law, train large language models and for safety and security purposes.

Limitation of Liability

ALL KONG LABS PROJECTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND (STATUTORY, EXPRESS OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. KONG WILL HAVE NO INDEMNIFICATION OBLIGATIONS OR LIABILITY OF ANY TYPE WITH RESPECT TO KONG LABS PROJECTS, UNLESS THIS EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE KONG’S LIABILITY WILL NOT EXCEED $100.00.

WE DO NOT WARRANT THAT THE TECHNOLOGY WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. USE OF THE KONG LABS PROJECT IS AT YOUR OWN RISK.

Changes to these Terms

Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change these Terms. Your continued use of the Kong Labs Project following the posting of changes will mean that you accept and agree to the changes.

Export Control

By using the Kong Labs Project, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods and will export or re-export the Kong Labs Project except in compliance with all applicable export controls and approvals.

General Terms

These Terms are governed by the laws of the State of California without giving effect to any conflict of laws principles. All claims will be brought in a court of competent jurisdiction located in San Francisco, California and each party irrevocably consents to and waives all objections to personal jurisdiction. These Terms, together with any terms or policies made available with the Kong Labs Project, are the entire agreement between you and Kong regarding the Kong Labs Project. Any provision held to be invalid or unenforceable will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.