Terms of Service
1. About KILO
KILO ("the Tool," "we," "us") is a parcel-level pre-construction risk-screening tool for Hawaiʻi. The Tool synthesizes publicly available geographic, soil, flood-hazard, wastewater-infrastructure, and historic-property data into a preliminary risk indicator and reasoning trace.
2. Acceptance of Terms
By accessing or using the Tool, you ("you," "User") agree to be bound by these Terms of Service, our Privacy Policy, and any operational notices posted on the Tool. If you do not agree, do not use the Tool.
3. Nature of the Tool — IMPORTANT
The Tool is a preliminary risk-screening utility. It is not, and is not a substitute for:
- An Archaeological Inventory Survey (AIS) under HAR §13-276
- An Archaeological Assessment (AA) under HAR §13-276
- State Historic Preservation Division (SHPD) review under HRS §6E-42
- Island Burial Council consultation under HAR §13-300
- Any review or determination by a state-licensed archaeologist
- Cultural Resource Management (CRM) consulting services
- Legal, regulatory, or engineering advice of any kind
Tool output reflects only the data sources cited at the time of assessment. Absence of recorded sites is not evidence of absence. Discovery of historic properties, including iwi kūpuna (ancestral Native Hawaiian remains), is possible at any Hawaiʻi parcel regardless of tool output, and inadvertent-discovery protocols under HRS §6E-43.6 apply to all ground disturbance regardless of any preliminary screening you perform here.
You agree that you will retain a state-licensed archaeologist for any project that requires §6E-42 review, and that you will not use the Tool's output as a substitute for such review. You agree that you will not use the Tool to identify, target, or avoid parcels for the purpose of evading historic-preservation review obligations.
4. No Warranty
THE TOOL IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT. We do not warrant that the Tool will be error-free, uninterrupted, or that any defect will be corrected.
Data sources include third-party services (Hawaiʻi Statewide GIS, USDA SSURGO, FEMA NFHL, HCPT, DOH OSDS, OHA Kīpuka, SHPD HistoricRegisterSites_Unrestricted, USGS National Map (cemeteries), Department of Hawaiian Home Lands inventory, City and County of Honolulu, and others) whose data may be incomplete, outdated, or unavailable at any time. Coordinate accuracy varies by source; many historic-property references are at ahupuaʻa-centroid resolution (~1–2 km uncertainty). The Tool's confidence scores and location-precision tags reflect this and should be considered when interpreting output.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KILO, ITS OPERATORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO YOUR USE OF THE TOOL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE TOOL WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US TO USE THE TOOL IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). [Attorney review: confirm this cap is enforceable in HI; consider whether insurance coverage informs the floor.]
6. Indemnification
You agree to indemnify, defend, and hold harmless KILO and its operators from any claim, liability, loss, or expense (including reasonable attorneys' fees) arising from (a) your use of the Tool, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any reliance you place on Tool output in making decisions about ground disturbance, property purchase, construction, or related actions.
7. Cultural-Resource Use Restrictions
You agree that you will not:
- Use the Tool to identify, locate, or attempt to determine the precise location of any iwi kūpuna (ancestral remains), burial site, or other site protected under HRS §6E or HAR §13-300
- Aggregate Tool output with other data sources in ways that reconstruct burial-localizing information that records-holders are required to redact under HRS §6E-43.5(f) or HRS §92F-13(2)
- Use the Tool to assist any project that disturbs or threatens to disturb iwi kūpuna or other historic properties without the engagement of a state-licensed archaeologist and required regulatory consultation
8. Intellectual Property
The Tool's software, design, and original content are © 2026 KILO. Underlying source data remain the property of their respective publishers (Sterling & Summers 1978 — Bernice P. Bishop Museum; McAllister 1933 — Bishop Museum Bulletin 104; Hawaiʻi Statewide GIS — State of Hawaiʻi; FEMA NFHL — U.S. Department of Homeland Security; USDA SSURGO — U.S. Department of Agriculture; HCPT — University of Hawaiʻi Water Research Center; OHA datasets — Office of Hawaiian Affairs; and others as cited).
Source citations for every entry in the Tool's knowledge base are surfaced in the assessment interface. Use of the Tool does not grant you any rights in the underlying source publications.
No scraping, bulk extraction, or AI-training use. Except for standard search-engine indexing consistent with our robots.txt, you may not (and may not permit any third party or automated agent to): (a) scrape, crawl, harvest, or systematically copy the Site or the Tool's content; (b) use the Site, the Tool, its outputs, its assessment methodology, or any content herein to train, fine-tune, or develop any machine-learning or artificial-intelligence model, dataset, or embedding; or (c) use any of the foregoing to build, benchmark, or improve a product or service that competes with KILO. The organization, scoring methodology, and combination logic behind the Tool are KILO's confidential and proprietary property; nothing on the public Site discloses them, and no access to the Site or Tool conveys any license to reverse-engineer or reconstruct them. We reserve all rights to block, rate-limit, or pursue available remedies against automated access that violates these terms.
9. Real-Estate Disclosure (HRS §508D) — User Responsibility
Hawaiʻi's Mandatory Seller Disclosure Act (HRS §508D-1 et seq.) may impose disclosure obligations on real-property sellers regarding "any matter known to or affecting" the property. If you are a seller, broker, or licensed real-estate professional, your use of the Tool may create or inform such disclosure obligations. The Tool does not provide legal advice on this question; consult a licensed Hawaiʻi attorney.
10. Privacy
See our Privacy Policy for information about how we collect and use data.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Hawaiʻi, without regard to conflict-of-law principles. Any dispute arising from or related to the Tool will be resolved in the courts of Honolulu, Hawaiʻi, and you consent to the exclusive jurisdiction and venue of those courts. [Attorney review: consider arbitration clause and class-action waiver.]
12. Modifications
We may modify these Terms at any time. Continued use of the Tool after a modification constitutes acceptance of the modified Terms. Material changes will be posted with an updated "Last updated" date.
13. Contact
Questions about these Terms: use the contact form on the home page.
14. Data, analytics, and research
We collect and process information in connection with the Tool as described in our Privacy Policy. We may use de-identified and aggregated data — including parcel-level assessment outcomes — to operate, secure, study, and improve the Tool, and we may publish calibration reports and other findings in aggregate or de-identified form only. Any such use respects the cultural-data commitment in §7: results are reported at the parcel-decision level and never in a form that would localize iwi kūpuna or other protected cultural sites.
15. Billing, subscriptions, and refunds
Active as of 2026-06-19. Paid plans and add-ons are offered through the pricing page. The current prices, included allotments, and what each plan unlocks are displayed on the pricing page and at checkout, and those displayed terms govern your purchase.
- Subscriptions (Solo, Studio, Team) auto-renew for successive monthly periods at the then-current price until you cancel. You may cancel at any time from the billing portal (Pricing → Manage billing); cancellation takes effect at the end of the current billing period. We do not provide partial-month or pro-rated refunds, and there is no annual lock-in. Add-ons (e.g. the Site Planner) bill alongside your plan and follow the same monthly cycle.
- Per-assessment purchases are a one-time charge to unlock a single parcel, with no recurring billing.
- Enterprise terms are negotiated per engagement and governed by the applicable order form or agreement, which controls over this section to the extent of any conflict.
- Payment processing. Payments are processed by our third-party payment processor, Stripe, Inc.; we do not receive or store your full payment-card number (see our Privacy Policy). Failed, reversed, or disputed payments may result in suspension or cancellation of the corresponding access. Stated prices are exclusive of any taxes that may apply.
- Price changes. We may change prices prospectively; a change takes effect for a subscription on its next renewal, and your continued use after the change constitutes acceptance of the new price.
Comp, partner, or invite access granted outside of checkout is not a purchase and carries no payment terms. Nothing in this section limits any non-waivable consumer right you may have under applicable law. [Attorney review: confirm refund, auto-renewal-notice, and cancellation terms meet Hawaiʻi and any other applicable state requirements; confirm placement and prominence of payment terms.]