Katmai Native Application Terms of Service

By installing, accessing, configuring an Order for, or using the Application (however delivered — Snowflake Marketplace, a private Snowflake listing, or a direct order), you (“Customer,” “you”) agree to these Terms of Service (these “Terms”). If you accept on behalf of an organization, you represent that you have authority to bind that organization, and “Customer” refers to that organization.

If Customer has a separate, signed agreement with Katmai that references the Application (for example a Design Partner Agreement, a Master Services Agreement, or an order form), that agreement controls over these Terms to the extent of any conflict. Otherwise, these Terms are the entire agreement between Customer and Katmai for the Application.

• “Application” — the Katmai-published Snowflake Native Application, including its container images, application code, DDL/setup scripts, and Documentation.
• “Order” — the Snowflake Marketplace listing plan Customer selects at installation or renewal, a Snowflake private listing/private offer, or a signed order form, identifying the edition, entity or client limits, term, and fees.
• “Customer Data” — data Customer loads into, or generates within, Customer’s own Snowflake account through the Application, including trial balances, journal entries, chart of accounts, entity structures, consolidated results, and audit logs.
• “Documentation” — Katmai’s published user and setup documentation for the Application.
• “AI Features” — any feature that invokes a Snowflake Cortex AI function (or successor Snowflake AI service) to generate, summarize, classify, or propose content.
• “AI Output” — any content, proposal, narration, mapping, or suggestion an AI Feature produces.
• “Snowflake” — Snowflake Inc. and the Snowflake Data Cloud platform, including the Snowflake Marketplace.
• “Trial” — a time-limited evaluation period offered through a Snowflake listing’s trial terms.
• “Usage Information” — installation, edition, entity/client-count, and consumption metadata Snowflake makes available to Katmai as the listing provider, together with any diagnostic information Customer separately elects to share.

• The Application is a Snowflake Native Application. It installs from the Snowflake Marketplace, a private Snowflake listing, or a direct package, directly into Customer’s own Snowflake account, and runs entirely on that account’s compute and storage resources (including Snowpark Container Services).
• Katmai does not host the Application and does not operate any server, database, or environment that receives a copy of Customer Data in the ordinary course of delivering the Application. The Application declares no external network access integration and makes no outbound calls to Katmai-operated infrastructure.
• Snowflake’s own Consumer/Marketplace Terms apply independently to Customer’s relationship with Snowflake as the platform operator. These Terms govern only Katmai’s Application and do not modify, limit, or stand in for Snowflake’s terms. Katmai is not responsible for Snowflake’s platform, its availability, or its billing mechanics.

Subject to these Terms, the applicable Order, and payment of applicable fees, Katmai grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Application, solely for Customer’s internal business purposes, within the edition and entity or client limits stated in the Order, for the subscription term.

The Application is licensed, not sold. Katmai and its licensors retain all right, title, and interest in the Application, including all underlying code, container images, and any improvements, modifications, or derivatives. All rights not expressly granted are reserved to Katmai.

If Customer is an accounting, advisory, or similar firm using the Application on behalf of multiple underlying clients, that use is permitted only within the client-count limit of Customer’s Order, and each underlying client’s data must remain segregated as the Application’s own firm/client model provides. Use beyond the Order’s client-count limit is not licensed.

Customer will not, and will not permit any third party to:

• reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application or its container images, except to the extent applicable law prohibits this restriction;
• copy, modify, or create derivative works of the Application, or extract its container images for use outside the Application;
• circumvent, disable, or attempt to circumvent any licensing, entitlement, edition, entity or client-count limit, or Trial-expiry mechanism;
• use the Application to build, or assist a third party in building, a competing product or service, or publish benchmark results about the Application without Katmai's prior written consent;
• resell, sublicense, distribute, or make the Application available to third parties as a hosted or managed service, except as expressly permitted for the firm/client use described in Section 4; or
• use the Application in violation of applicable law, or in a manner that threatens the security or integrity of Snowflake or any other user's data.

Customer is responsible for:

• its own Snowflake account, including account security, role and grant configuration, and compliance with Snowflake's terms;
• all Snowflake compute, storage, and Cortex AI consumption costs incurred through use of the Application, which are billed by Snowflake and are separate from any Application license fee;
• the accuracy, legality, and backup of the source data it connects to or loads into the Application;
• reviewing and approving every journal entry, consolidation, reconciliation, disclosure, and report the Application produces before relying on it for any internal, external, regulatory, audit, or filing purpose; and
• its own compliance obligations, including SOX, GAAP/IFRS, tax, and statutory reporting requirements. The Application is a tool that assists these processes; it does not discharge Customer's own compliance responsibility.

• AI Features are generated by Snowflake Cortex AI models (or a successor Snowflake AI service) executing inside Customer's own Snowflake account. Katmai does not operate or train the underlying AI models and does not receive a copy of the data submitted to them.
• Customer must review and independently verify all AI Output before relying on it for any journal entry, consolidation, disclosure, filing, or other decision.
• Katmai makes no warranty, express or implied, regarding the accuracy, completeness, or fitness of any AI Output, and disclaims all liability for decisions made in reliance on it, to the fullest extent permitted by law (see Section 16).
• Katmai does not use Customer Data to train AI models, whether Katmai's own or a third party's.
• Katmai may modify, degrade, or discontinue any AI Feature at any time, including in response to a change in Snowflake’s Cortex offering or pricing, or Customer’s own account configuration (for example, if SNOWFLAKE.CORTEX_USER is not granted to the Application’s role).

The Application is a software tool. Katmai does not act as Customer’s accountant, auditor, tax advisor, or legal advisor, and using the Application does not create such a relationship. Unless Customer elects to treat it as such, the Application is not Customer’s system of record, and it does not replace Customer’s internal controls, its independent auditor’s procedures, or its own review and approval processes.

• Billing cadence: Customer selects either an annual or a monthly billing cadence for its Order at signup or renewal, as offered on the applicable Snowflake listing plan. Both cadences carry the same entitlements for a given edition; only the price and billing frequency differ.
• Marketplace-listed installs: fees are billed and collected through Snowflake's own Marketplace billing mechanism, at the rate published for the selected edition and cadence on the listing (or a private offer) at the time of purchase or renewal. Annual cadence is invoiced in advance for the full 12-month term. Monthly cadence is invoiced in advance for each one-month billing cycle, and automatically renews for successive one-month cycles until Customer cancels.

• Cancellation: Customer may cancel a monthly or annual subscription at any time through the Snowflake Marketplace listing (or by notifying Katmai, for a private offer or direct order). Cancellation takes effect at the end of the then-current paid billing cycle and does not create an immediate refund obligation.
• Private offers and direct orders: billed per the Order, on the cadence stated in the Order. Unless the Order states otherwise, the same no-refund, no-proration terms apply.
• Taxes: fees exclude taxes. Customer is responsible for all sales, use, VAT, GST, and similar taxes associated with its Order, other than taxes on Katmai's net income.
• Price changes: Katmai may change list prices effective at the next renewal (annual) or next billing cycle (monthly), on reasonable notice.
• Trials: a Trial is provided AS IS, free of charge, for the period stated on the listing (currently 30 days), regardless of which cadence Customer later selects. At Trial expiry, access is suspended unless Customer converts to a paid Order. Section 16’s liability cap for Trial use is $100.

• Katmai may release Application updates through standard Snowflake Native App versioning. Features may be added, changed, or removed between versions, consistent with Katmai's published versioning policy.
• Support is provided on a best-effort basis by email to support@katmaicapital.org, with a target of one-business-day acknowledgement during 8:00 AM–6:00 PM ET, Monday–Friday, excluding U.S. holidays.
• Katmai does not provide a formal service-level agreement (SLA) unless a signed Order expressly states one. These Terms should not be read to promise guaranteed response times, uptime commitments, or 24×7 coverage that do not otherwise exist.
• Any support access Customer grants Katmai into Customer's Snowflake account is Customer-initiated, scoped, and revocable by Customer at any time — see the Data Processing Addendum for the governing terms of that access.

• Customer retains all right, title, and interest in Customer Data. Nothing in these Terms transfers any ownership of Customer Data to Katmai.
• Because the Application runs inside Customer's own Snowflake account, Customer Data is not held on Katmai-operated infrastructure as part of normal operation.
• Katmai may collect and use Usage Information to provide, bill for, and support the Application, to maintain security, and to improve Katmai's products. Usage Information does not include the content of Customer Data unless Customer affirmatively shares it (for example, by enabling Snowflake event sharing, or by including it in a support request).
• Katmai does not use Customer Data to train any AI model.
• See the Privacy Policy and the Data Processing Addendum for further detail.

If Customer provides suggestions, feedback, feature requests, or bug reports regarding the Application, Katmai may use and incorporate them without restriction or compensation to Customer, and Katmai owns any resulting improvement to the Application.

Each party may receive confidential information of the other. “Confidential Information” means non-public information disclosed by one party to the other that is identified as confidential or that a reasonable person would understand to be confidential, including Katmai’s non-public software, architecture, roadmap, and pricing, and Customer’s non-public business information (excluding Customer Data, which is addressed in Section 11). Each party will use the other’s Confidential Information only to perform its obligations or exercise its rights under these Terms, and will protect it using at least the same degree of care it uses for its own confidential information of similar importance, but no less than reasonable care. This Section does not apply to information that is or becomes public through no fault of the receiving party, was rightfully known before disclosure, is independently developed, or is required to be disclosed by law (with prompt notice to the disclosing party where legally permitted).

Except as expressly stated in this section, the Application, all AI Output, and all related documentation and services are provided “as is” and “as available.” Katmai disclaims all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that operation will be uninterrupted or error-free, or that any calculation, consolidation, or AI Output will be accurate or complete. Katmai does not warrant Snowflake or any other third-party platform.

For a paid (non-Trial) Order, Katmai warrants that, during the subscription term, the Application will perform materially in accordance with the Documentation. Customer’s sole and exclusive remedy, and Katmai’s entire liability, for breach of this warranty is, at Katmai’s option, (a) correction of the non-conforming functionality, or (b) if Katmai cannot correct it within a reasonable time, termination of the affected Order and a pro-rata refund of prepaid, unused fees for the terminated portion of the term. To claim this remedy, Customer must notify Katmai in writing within 30 days of discovering the non-conformity.

By Customer. Customer will defend, indemnify, and hold harmless Katmai against third-party claims, and resulting damages and costs (including reasonable attorneys’ fees), arising from: (a) Customer Data; (b) Customer’s use of the Application in violation of these Terms or applicable law; or (c) any decision, filing, disclosure, or representation Customer makes in reliance on the Application’s output, including AI Output.

By Katmai. For a paid Order, Katmai will defend Customer against a third-party claim that the unmodified Application, as delivered and used in accordance with these Terms, infringes that third party’s U.S. intellectual property rights, and will pay finally awarded damages or a settlement Katmai approves. Katmai has no obligation for a claim arising from: Customer Data or specifications; combination of the Application with items not provided by Katmai; modification of the Application not made by Katmai; use after notice to discontinue use; or third-party or open-source components. If the Application is, or in Katmai’s opinion may be, enjoined, Katmai may, at its option, procure a right for Customer to continue use, replace or modify the Application, or terminate the affected Order and refund prepaid, unused fees. This Section states Katmai’s entire liability, and Customer’s sole remedy, for infringement.

16.1 Exclusion of damages. To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, or business interruption, or for lost, inaccurate, or corrupted data, or for any financial misstatement, restatement cost, regulatory penalty, or audit cost arising from or relating to the Application or any AI Output, regardless of the theory of liability and even if advised of the possibility of such damages.

16.2 Cap. Each party’s total aggregate liability arising out of or related to these Terms or the Application will not exceed the greater of (a) the total fees Customer paid to Katmai for the Application in the 12 months preceding the event giving rise to the claim, or (b) $100 for Trial or other no-charge use.

16.3 Exceptions. The cap in Section 16.2 and the exclusion in Section 16.1 do not apply to: (a) Customer’s payment obligations under Section 9; (b) Customer’s breach of Sections 4 or 5 (license scope and restrictions); or (c) a party’s fraud or willful misconduct. No other exception applies — without limitation, there is no carve-out from this cap for breach of confidentiality (Section 13) or for a data breach.

16.4 Allocation of risk. The parties acknowledge that the fees under an Order reflect this allocation of risk, and that the limitations in this Section 16 are an essential basis of the bargain between the parties and will survive and apply even if any limited remedy fails of its essential purpose.

• These Terms remain in effect for the subscription term stated in the Order and renew as specified on the Marketplace listing or order form, unless either party gives notice of non-renewal as the listing or Order specifies.
• Katmai may suspend or terminate access for non-payment, breach of Section 5 (Restrictions), or a good-faith determination that continued access presents a legal or security risk. Because the Application runs inside Customer's own Snowflake account, suspension or termination is effected by revoking the Marketplace listing entitlement, declining to renew, or disabling the Application's license-check mechanism — Katmai does not operate a hosted account it can independently disable.
• Either party may terminate for the other's uncured material breach following 30 days' written notice describing the breach.
• Upon termination or expiration, Customer must stop using and uninstall the Application. Because Customer Data was never held outside Customer's own account, there is no data-return process required of Katmai; Customer Data that lived in Application-created tables within Customer's account remains under Customer's control — see the Data Processing Addendum.
• Sections 4 (as a historical license grant only, to the extent needed to interpret surviving terms), 5, 6, 9, 11–16, 18, 19, and 20 survive termination or expiration.

Customer will comply with all applicable export control and economic sanctions laws in its use of the Application. Customer represents it is not located in, and will not access the Application from, a country or region subject to comprehensive U.S. sanctions, and is not a party with whom U.S. persons are prohibited from dealing.

The Application is “commercial computer software” and “commercial computer software documentation” as those terms are used in the applicable U.S. federal acquisition regulations. If Customer is a U.S. Government end user, the Application is licensed with only the rights customarily provided to the public, consistent with such regulations.

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. The parties will first attempt in good faith to resolve any dispute through discussion between senior representatives. Any dispute not resolved that way will be settled by binding arbitration administered by JAMS in Chicago, Illinois, under its then-current rules. Each party waives its right to a jury trial and to participate in a class, collective, or representative action. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of its intellectual property or Confidential Information.

• Assignment. Neither party may assign these Terms without the other’s consent, except that either party may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, upon notice to the other party.
• Force majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, internet or utility outages, Snowflake platform outages or unavailability, labor disputes, or governmental action.
• Notices. Notices to Katmai must be sent to support@katmaicapital.org. Notices to Customer will be sent to the contact information provided at installation or in the Order.
• Entire agreement. These Terms, together with the applicable Order and any documents they incorporate by reference, are the entire agreement between the parties regarding the Application, and supersede all prior or contemporaneous understandings regarding the Application. Any additional or different terms in a Customer purchase order or similar document are rejected and have no effect.
• Changes to these Terms. Katmai may update these Terms from time to time. Material changes will be posted at this URL with an updated effective date and, for active paid customers, communicated with at least 30 days’ notice before taking effect at the next renewal. Continued use of the Application after the effective date of a change constitutes acceptance.
• Severability; no waiver. If a provision of these Terms is unenforceable, the remainder remains in effect. No waiver is effective unless in writing.
• Publicity. Katmai may identify Customer as a user of the Application and use Customer’s name and logo in a customer list or similar reference, subject to Customer’s reasonable branding guidelines. Customer may opt out by emailing support@katmaicapital.org.

Katmai, LLC
support@katmaicapital.org