Kayendela Terms of Service

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.

1. Service Overview

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.

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:

  • You are at least 13 years old.
  • You have not previously been suspended or removed from the Service.
  • Your registration and use of the Service comply with all applicable laws and regulations.

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.

3. Accounts and Registration

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.

4. General Payment Terms

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.

5. Kayendela Service Products

  • Account Creator: By default, the account creator is the owner and administrator of the Workspace unless ownership is transferred to another team member. The owner can upgrade the account to Kayendela Pro, cancel the subscription, add new users, assign roles, and remove users. Administrators can assign roles to other members.
  • Organizational Workspaces: If you are a Workspace Authorized User of an Organizational Workspace, you agree to comply with the Organization’s policies and any agreement between you and the Organization. By joining or creating an Organizational Workspace, you acknowledge and agree that:
    • The Organization owns all User Content in the Organizational Workspace.
    • All User Content in an Organizational Workspace may be shared with, modified, deleted, or accessed by the Organization.
    • The Organization may terminate your access to the Organizational Workspace at any time, and you may not be able to access any of the User Content in that Workspace.
    • Any User Content you transfer to the Organizational Workspace may grant the Organization broad rights to your User Content. You are responsible for resolving any disputes with the Organization related to User Content in the Organizational Workspace.
  • Trial Period: You will automatically receive a Pro trial period from the day you create a Kayendela account, lasting up to 30 days. During this time, you will have unlimited access to all functions offered by Kayendela. After 30 days, the account will downgrade to Free.

6. Ownership and Proprietary Rights

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.

7. Third-Party Software

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. User Content

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.

11. Prohibited Conduct

By using the Service, you agree:

  • NOT to use the Service for any illegal purpose or in violation of any local, state, national, or international law.
  • NOT to harass, threaten, demean, embarrass, or otherwise harm any other user of the Service.
  • NOT to violate, or encourage others to violate, any third-party rights, including intellectual property rights or using/disclosing third-party confidential information without permission.
  • NOT to interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content, including controls or restrictions implemented by Administrators; or (ii) reverse engineering or attempting to discover the source code of any portion of the Service except as expressly permitted by applicable law.
  • NOT to interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service.
  • NOT to perform any fraudulent activity including by: (i) representing, implying, or claiming that a Workspace is affiliated with an Organization without the express consent of that Organization; (ii) impersonating any person, Administrator, Workspace Authorized User, Organization, or entity; (iii) claiming a false affiliation; (iv) or accessing any other Service account without permission.
  • NOT to sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials.
  • NOT to attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.

12. Modification of these Terms

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. Term, Termination, and Modification of the Service

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.

14. Modification of the Service

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.

15. Complaints

  1. The customer must examine the service provided by Kayendela as soon as possible for any shortcomings.
  2. If a service does not meet the customer’s reasonable expectations under the agreement, the customer must inform Kayendela as soon as possible, but in any case within one month after discovering the shortcomings.
  3. Consumers must inform Kayendela within two months of detecting the shortcomings.
  4. The customer should provide a detailed description of the shortcomings, allowing Kayendela to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this does not obligate Kayendela to perform any work other than what was agreed.

16. Giving Notice

  1. The customer must provide any notice of default to Kayendela in writing.
  2. It is the customer’s responsibility to ensure that a notice of default actually reaches Kayendela in time.

17. Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with Dutch law.

18. Suspension and Termination

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.

19. Liability of Kayendela

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.

20. Expiry Period

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

  1. The customer has the right to dissolve the agreement if Kayendela imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
  2. If the fulfillment of Kayendela’s obligations is not permanently or temporarily impossible, dissolution can only take place after Kayendela is in default.
  3. Kayendela has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if circumstances give Kayendela good grounds to fear that the customer will not be able to fulfill its obligations properly.

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.

22. Changes in the General Terms and Conditions

  1. Kayendela is entitled to amend or supplement these general terms and conditions.
  2. Minor changes can be made at any time.
  3. Major changes in content will be discussed by Kayendela with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

23. Transfer of Rights

  1. The customer cannot transfer its rights deriving from an agreement with Kayendela to third parties without the prior written consent of Kayendela.
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

24. Disclaimer of Warranties

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.

25. Limitation of Liability

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.

26. Notice Regarding Apple

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.