Thank you for your interest in Kayendela. Our website at kayendela.com, web applications, and mobile applications are governed by these Terms of Service, which constitute a legally binding contract between you and Kayendela regarding your use of the Service.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, ACCESSING, OR USING KAYENDELA SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, INCLUDING THE KAYENDELA PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, YOU DO NOT HAVE PERMISSION TO USE THE SERVICE.
Kayendela offers productivity software services that allow users and teams to conduct inspections, organize tasks, plan inspections, assign tasks to team members, and share reports all in one place.
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:
If you are an entity, organization, or company (an “Organization”), the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms, and you agree to be bound by them.
To access the Service, you must register for an account. When registering, you may need to provide some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide is accurate and will be kept up-to-date. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. If you believe your account is no longer secure, you must immediately notify us by emailing support@kayendela.com.
Certain features of the Service may require a subscription, including automatically recurring payments for periodic charges. Subscription costs depend on the number of users in your team. You will be charged upfront for each added team member, with unused time deducted accordingly. Before subscribing, you will have an opportunity to review and accept the fees that you will be charged. The subscription fee is non-refundable, except as required by law or in case of a reasonable dispute.
You may cancel your subscription at any time. Your account will be charged automatically on the Subscription Billing Date for the next subscription period. The subscription will continue unless and until you cancel it or we terminate it. To avoid billing of the next periodic Subscription Fee, you must cancel your subscription before it renews. Kayendela may terminate access to paid features for any account with unpaid dues.
The Service is owned and operated by Kayendela. The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and promotional content are protected by intellectual property and other laws. All materials included in the Service are the property of Kayendela. Unauthorized use of the service is prohibited. Kayendela reserves all rights to the Materials not expressly granted in these Terms.
The Service may include third-party software components, integrations, or extensions available under licenses granting broad rights to copy, modify, and distribute those components. These Terms do not prevent or restrict you from obtaining Third-Party Components under the applicable licenses or limit your use of Third-Party Components under those licenses.
8.1. User Content Generally: Kayendela allows users to upload and send content through its Service, including comments, photos, images, and graphics. You retain any copyright and other proprietary rights you hold in the User Content that you post to the Service. However, if you are an employee of an Organization, the applicable Organization may own the rights to that User Content.
8.1. User Content Disclaimer: We are under no obligation to edit or control User Content that you or other users post, and we will not be liable for User Content. Kayendela may, without prior notice, screen, remove, edit, or block any User Content that violates the Terms or is otherwise objectionable. You understand that using the Service may expose you to User Content from various sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive any legal or equitable right or remedy you may have against Kayendela with respect to User Content. If notified by a user or content owner that User Content does not conform to these Terms, we may investigate and remove the User Content at our sole discretion. Kayendela does not permit copyright-infringing activities on the Service.
8.2. Monitoring Content: Kayendela does not control and has no obligation to monitor User Content, content made available by third parties, or users’ use of the Service. You acknowledge and agree that Kayendela reserves the right to monitor any and all information transmitted or received through the Service for operational and other purposes.
By using the Service, you agree:
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms to continue using the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
13.1. Term: These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2 (Termination).
13.2. Termination: If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. You may terminate your account and these Terms at any time by emailing support service support@kayendela.com . If you or the Administrator loses access to an account or otherwise request information about an account. If the Administrator of a Workspace terminates their account, then all Workspace Authorized Users of that Workspace will no longer have access to that Workspace, which includes any User Content contained that Workspace. Subject to the setting designated for the particular Workspace, it is your sole responsibility to export or save any User Content that is contained in a Workspace. Kayendela is under no obligation to maintain or provide any User Content that was contained in a Workspace after termination.
Kayendela reserves the right to modify or discontinue the Service at any time, including limiting or discontinuing certain features of the Service, temporarily or permanently, without notice to you. Kayendela will not be liable for any changes to the Service or any suspension or termination of your access to or use of the Service.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with Dutch law.
We may suspend your user account or temporarily disable access to all or part of any Service in the event of suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Objections to the suspension or disabling of user accounts should be made to Kayendela within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account at your request. Additionally, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms, and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of a user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password, and deletion of all data in your user account.
All images, photos, and descriptions on the website or in a catalog are indicative and approximate and cannot lead to any compensation and/or partial dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from Kayendela shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in Article 6:89 of the Dutch Civil Code.
Dissolution
21. Modification of the Agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
You expressly understand and agree that the use of the Services is at your sole risk. The Services are provided on an “as-is” and “as-available” basis. Kayendela expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Kayendela makes no warranty that the Services will be uninterrupted, timely, secure, or virus/malware-free. Use of any material downloaded or obtained through the use of the Services is at your own discretion and risk, and you will be solely responsible for any damage to your computer system, mobile telephone, tablet, wireless device, or data that results from the use of the Services or the download of any such material. No advice or information, whether written or oral, obtained by you from Kayendela, its employees, or representatives shall create any warranty not expressly stated in the Terms.
To the fullest extent permitted by law, in no event will the Kayendela entities be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any materials or content on or available through the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Kayendela entity has been informed of the possibility of such damage. Except as provided in Section 20.5 (Notice of Arbitration; Process) and to the fullest extent permitted by law, the aggregate liability of the Kayendela entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to Kayendela for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to the claim. Disclaimer of warranties or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Kayendela only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
