KokuaOS — AI Services & AI Consumption Policy

How KokuaOS measures, meters, and bills AI Consumption, and the limitations of AI Output.

Capitalized terms have the meanings in the KokuaOS Definitions Schedule (kokuaos.com/legal/definitions).

1. Purpose and scope

This AI Services & AI Consumption Policy (this "Policy") explains, from a usage and billing standpoint, how the KokuaOS AI Services work: what AI Consumption is, how it is measured, how and by whom it is billed, when it may be adjusted, how to dispute a charge, and the inherent limitations of AI Output. Its purpose is to make AI billing predictable and to prevent avoidable billing disputes.

This Policy is a Policy incorporated by reference into the Master Terms & Conditions and each KokuaOS subscription and partner agreement, and it applies to every account that accesses the AI Services, including Service Providers, Resellers, and Customers, and their Authorized Users. This Policy governs how usage is measured and billed. It does not set the retail rate any account pays; pricing always comes from the account's Commercial Parent and is stated in the applicable Order Form or the price list published by that Commercial Parent.

2. What AI Consumption includes

AI Consumption is defined broadly and is technology-neutral. It means the measured use of AI Services and related compute, communications, and processing, whether performed by KokuaOS-managed providers or a BYO Provider, and it includes present and future AI-enabled processing, such as:

• large language model inference, reasoning, prompts, and completions;
• speech-to-text and text-to-speech;
• voice and media processing, including LiveKit or other media pipelines;
• knowledge retrieval, vector search, and embeddings;
• API, EasyAPI, EasyFunctions, and EasyFlow execution;
• data transformation and enrichment;
• interactions across Communication Channels — voice/telephony, SMS, email, web chat, WhatsApp, Microsoft Teams, Slack, and similar;
• Sandbox and testing activity; and
• other AI-enabled capabilities KokuaOS may offer from time to time.

AI Consumption is one component of Variable Charges. Variable Charges also include telephony and messaging charges, BYO or third-party pass-through charges, overage, and applicable taxes. Variable Charges are separate from, and additional to, any fixed subscription or Platform License fee.

3. Measured usage governs

3.1 The metered record controls. KokuaOS records AI Consumption and other metered activity as Usage Events. The Usage Event records generated and stored by the Platform, as reconciled under Section 5, are the authoritative and controlling basis for billing AI Consumption and other Variable Charges. Where those records differ from any estimate, projection, dashboard figure, budget, alert, or third-party tool, the Platform's measured records govern, absent manifest error.

3.2 Units and rounding. KokuaOS may meter usage using units appropriate to the capability — including tokens, characters, words, seconds or minutes of audio, messages, requests, executions, storage, or similar — and may round each Usage Event up to the nearest billable unit. The applicable units and rates are those stated in the Order Form or in the price list published by the account's Commercial Parent.

4. Dashboards, forecasts, and alerts are estimates — no hard cutoff

4.1 Estimates only. The Platform may provide dashboards, usage meters, forecasts, budgets, projected charges, and usage alerts. These are provided for convenience and planning only, are calculated on incomplete and pre-reconciliation data, and are estimates. They are not invoices, not a quotation, and not a guarantee of final charges. Final charges are determined by the measured usage records under Sections 3 and 5.

4.2 No hard cutoff. Usage alerts, budgets, thresholds, and similar tools do not cap AI Consumption, do not stop the Services at any usage level, and do not create an automatic service cutoff. Unless an Order Form expressly states an enforced hard usage cap, the account remains responsible for all AI Consumption it incurs, including usage above any displayed budget, estimate, forecast, or alert threshold. Reaching or exceeding a displayed threshold does not relieve the account of charges for usage beyond it.

4.3 Availability of reporting. Dashboards and usage reporting may be delayed, temporarily unavailable, or updated retroactively, and are provided subject to the disclaimers in Section 10.

5. Reconciliation after provider settlement

5.1 Usage may be updated. Some AI Consumption is measured or priced by upstream providers and is reported to KokuaOS on a delay. KokuaOS may adjust, restate, or reconcile Usage Event records and the resulting charges after provider settlement or after KokuaOS identifies a metering, rating, or data error. Reconciled records may increase or decrease previously displayed usage. Provider-side outages, deprecations, API or model-behavior changes, and pricing changes (as described in the BYO Provider Policy) are outside KokuaOS's reasonable control and may affect the availability and functionality of the AI Services as well as the AI Consumption and other Variable Charges metered for an account.

5.2 Trailing charges. Variable Charges attributable to a period may be invoiced in that period or in a later period once the underlying usage is measured and reconciled, including after a plan change or downgrade and, for usage incurred before termination, after termination.

6. Sandbox, testing, and Draft activity are billable

Sandbox is not a free-usage environment. Configuring, testing, evaluating, or demonstrating AI Employees — including activity involving a Draft AI Employee and activity performed in Sandbox — uses the AI Services and can generate billable AI Consumption and other Variable Charges on the same basis as Production use. An AI Employee does not need to be an Active AI Employee for its activity to be billable. Draft and Sandbox status affects Platform License allocation and partner minimums (see the Platform License Policy and the Partner Program Policy); it does not make usage free.

7. Failed, partial, and retried requests may be billable

AI Consumption reflects resources actually used, not only successful outcomes. A request that fails, errors, times out, is interrupted, returns an unsatisfactory result, or is retried may still generate billable AI Consumption where an upstream provider charged for it or Platform or provider resources were consumed in processing it. KokuaOS does not warrant that every request will succeed, and does not credit AI Consumption solely because a result was unsuccessful or unsatisfactory, except where required by law or expressly agreed in an Order Form.

8. Service Provider BYO usage — visibility, not billing

Where a Service Provider brings its own provider stack (BYO Providers) under the BYO Provider Policy, the following applies to AI Consumption that runs through those BYO Providers:

• Visibility, not billing. KokuaOS may meter, record, and display AI Consumption and related Usage Events that run through the Service Provider's BYO Providers, for visibility, reporting, platform analytics, capacity planning, security, and abuse-prevention purposes.
• KokuaOS does not bill BYO provider usage. KokuaOS does not bill the Service Provider for AI Consumption or other charges owed to the Service Provider's own BYO Providers unless an Order Form expressly says otherwise. KokuaOS's charges to a Service Provider are the Platform License and any amounts expressly stated in the Order Form (see the Platform License Policy).
• The Service Provider owns its provider bills. The Service Provider is solely responsible for all fees, charges, taxes, and obligations owed to its BYO Providers, and for metering and billing its own Resellers and Customers for downstream usage. KokuaOS's metering or display of BYO usage does not make KokuaOS a party to, or responsible for, the Service Provider's provider contracts or charges.

This Section addresses only who KokuaOS bills. KokuaOS's use of aggregated and de-identified usage analytics is governed by the Master Terms and the Privacy Policy.

9. Billing owner, invoices, and disputes

9.1 Who bills. Variable Charges are invoiced by the account's Billing Owner — KokuaOS for its direct Service Providers, Resellers, and Customers; a Service Provider for its Resellers and Customers; and a Reseller for its Customers. A Customer is not a Billing Owner. Pricing comes from the account's Commercial Parent.

9.2 Payment. Variable Charges are due Net 30 from the invoice date under the applicable Agreement. Undisputed late amounts accrue interest at 1.5% per month, or the legal maximum if lower. The applicable Billing Owner may suspend the Services for non-payment after notice, and non-payment does not relieve the account of accrued charges.

9.3 Non-refundable. AI Consumption, telephony and messaging, BYO or third-party pass-through charges, overage, taxes, and other Variable Charges are non-refundable except as required by law. The first-30-day satisfaction right in the applicable Agreement refunds prepaid, unused subscription fees only, and does not apply to Variable Charges.

9.4 30-day dispute window. An account must dispute an invoice or a metered charge in good faith within 30 days of the invoice date, in writing to its Billing Owner, identifying the specific Usage Events or amounts disputed and the basis for the dispute. After 30 days, the invoice is final and binding except for fraud or a bona fide billing-system error. Raising a dispute does not excuse timely payment of undisputed amounts. On reasonable request, KokuaOS or the applicable Billing Owner will provide the Usage Event records supporting a disputed charge.

10. AI Output; limitations; human oversight

The AI Services are automated and probabilistic and provide assistance only; they support, and do not replace, the account's own judgment and decision-making. AI Output may be inaccurate or unreliable in ways inherent to artificial intelligence: it may "hallucinate" or fabricate information, inventing facts, citations, names, quotes, or events that are false or never occurred; omit material facts; be internally inconsistent or return different results for the same or similar inputs; be outdated; and misunderstand or misinterpret prompts, instructions, or context. The account must review important, consequential, or legally significant AI Output before relying on it. Each account and its Authorized Users are responsible for how they configure and rely on AI Employees, including configuring required disclosures, consent, verification, and recording controls (for example, through the Compliance Shield) as required by applicable law.

AI Output; Human Oversight. The Services use artificial intelligence. AI Output may be inaccurate, incomplete, outdated, biased, or otherwise unsuitable, and may "hallucinate" or produce content that appears authoritative but is wrong. AI Output is not professional, legal, medical, financial, or other regulated advice. Customer is solely responsible for reviewing AI Output and for any decision or communication it enables, and must maintain qualified human review before relying on AI Output for any legal, medical, financial, employment, safety, eligibility, or other high-risk or legally significant decision. KokuaOS disclaims all liability for reliance on AI Output to the fullest extent permitted.

Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES, AI OUTPUT, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE KOKUAOS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE KOKUAOS PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT AI OUTPUT WILL BE ACCURATE, OR THAT THIRD-PARTY OR BYO PROVIDERS WILL PERFORM. BETA FEATURES ARE PROVIDED "AS IS" WITH NO WARRANTY OR SLA.

11. Relationship to other documents; changes

This Policy is read together with the Master Terms & Conditions, the applicable subscription or partner agreement, the Platform License Policy, the BYO Provider Policy, the Partner Program Policy, and the Privacy Policy. The limitation of liability, warranty disclaimers, and dispute-resolution terms in the Master Terms and the applicable Agreement apply to matters under this Policy.

If there is a conflict between this Policy and an executed Order Form or addendum, the Order Form or addendum controls for that transaction, consistent with the order of precedence in the applicable Agreement. KokuaOS may update this Policy from time to time; material adverse changes take effect on renewal or 30 days after notice, whichever is earlier, except changes required by law or to address security or abuse, which take effect immediately.