End User License Agreement

Effective date: 2026-08-03

Plain-English summary. openFactory is licensed to you, not sold. One paid seat lets one named person install and run it on the machines they personally use. The licence lives as long as your subscription does. Your code and your files stay yours.

This End User License Agreement ("EULA") governs your installation and use of the openFactory desktop application and any updates, components, or documentation we supply with it (the "Software"). It is part of the Terms of Service; if the two conflict on a question about the Software, this EULA controls.

The Software is licensed by Kalmantic Inc., a Delaware corporation ("Kalmantic").

1. Licence grant

Subject to your compliance with this EULA and to a paid seat in good standing, Kalmantic grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and run the Software:

• for one named individual per seat;
• on the machines that individual personally uses, including a work machine and a personal machine, provided only that individual uses them;
• for your internal business or personal purposes.

Term. The licence lasts as long as your subscription is active. It ends automatically when your subscription ends or is terminated.

Evaluation and trial builds, where offered, are licensed for evaluation only, for the period stated, and may be limited in function.

2. Restrictions

You may not:

• Copy the Software except for a reasonable backup, or distribute, sell, rent, lease, lend, host, or sublicense it.
• Share a seat between people, or let more than one person use one seat.
• Reverse engineer, decompile, or disassemble the Software, or attempt to derive its source code — except to the extent this restriction is prohibited by applicable law (including Article 6 of EU Directive 2009/24/EC on interoperability), and then only after asking us in writing at legal@kalmantic.com and giving us a reasonable chance to supply the interoperability information.
• Remove, alter, or obscure any copyright, trademark, or licence notice.
• Circumvent licensing checks, entitlement enforcement, metering, or any technical protection measure.
• Use the Software to build a substantially similar competing product.
• Use the Software in violation of the Acceptable Use Policy.

3. Open-source components

The Software includes third-party open-source components licensed under their own terms. Those terms govern those components and, where they grant you rights broader than this EULA, those broader rights prevail for that component. A complete list of components and licences ships with the Software and is available on request from legal@kalmantic.com.

4. Third-party agents and providers

openFactory coordinates coding agents supplied by third-party vendors. This EULA licenses our Software only. Each vendor agent you connect is governed by your own agreement with that vendor, and you are responsible for holding a valid licence for it and for complying with its terms, including any restriction on automated or programmatic use.

5. Ownership

The Software is licensed, not sold. Kalmantic and its licensors retain all right, title, and interest in the Software, including all intellectual property rights. You get the rights expressly granted in §1 and nothing more.

Your files stay yours. Kalmantic claims no rights in your repositories, source code, configuration, or the output you produce with the Software. Because the Software runs locally, those files remain on your machine — we do not hold a copy of them and cannot retrieve or delete them for you.

6. Sample code and templates

Sample code, templates, and starter configurations distributed with the Software may be used, modified, and incorporated into your own projects without attribution, and that right survives termination of this EULA. They are provided as-is, with no warranty.

7. Updates

The Software may check for and install updates automatically. Updates are part of the Software and are covered by this EULA. We may change or remove features in an update. If a feature you rely on is removed, your remedy is to cancel under §6 of the Terms of Service — no refund is due for the current period.

8. Telemetry

The Software may collect opt-in diagnostic telemetry as described in §2 of the Privacy Policy. It is off unless you turn it on, it never includes your prompts, responses, source code, file contents, file paths, or repository names, and you can turn it off at any time in settings.

9. Termination

This EULA terminates automatically if your subscription ends, or immediately if you breach it. On termination you must stop using the Software and remove all copies from your machines. Sections 2, 5, 6, 10, 11, and 12 survive.

10. Disclaimer of warranties

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Output is not warranted. Software generated or verified through openFactory may be incorrect, insecure, or infringing. The evidence openFactory records describes what was checked; it does not certify that the result is fit to ship. You are responsible for review and testing.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KALMANTIC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM THE SOFTWARE.

KALMANTIC'S TOTAL LIABILITY UNDER THIS EULA WILL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNTS YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.

Nothing here excludes liability that cannot be excluded by law, or the non-excludable statutory rights of consumers.

12. US government end users

The Software is "commercial computer software" and "commercial computer software documentation" as those terms are used in FAR 12.212 and DFARS 227.7202. Government end users acquire only the rights in this EULA.

13. Export compliance

You may not export or re-export the Software in violation of US export-control law or sanctions. See §5 of the Acceptable Use Policy.

14. Governing law

This EULA is governed by the laws of the State of Delaware, USA, with exclusive jurisdiction in the state and federal courts of Delaware. If you are a consumer in the EU, UK, or another jurisdiction with mandatory consumer protections, your statutory rights are unaffected.

15. Contact

Licensing questions: legal@kalmantic.com.

Kalmantic Inc. operates OpenFactoryAI and openFactory. This agreement was last updated on 2026-08-03.