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Kayden Connect

Terms of Service

Definitions

These Terms of Service (“Terms”) are an agreement between Kayden Connect LLC, a Wyoming limited liability company with its registered office at 30 N Gould St Ste R, Sheridan, WY 82801, USA (“Kayden Connect”, “we”, “us”), and the entity or individual that creates an account or uses the Service (“you” or “Customer”).

  • Service: the Kayden Connect software platform at app.kaydenconnect.com, related APIs, mobile clients, and the marketing site.
  • Subscription: your paid right to access the Service under a selected plan tier and billing cadence.
  • Tenant: the workspace that contains your organisation’s users, content, and configuration.
  • User: any individual you authorise to access the Tenant.
  • Your Content: data, posts, comments, files, and other materials you or your Users submit to the Service.

Account & Eligibility

  • You must be at least 18 years old and able to enter a binding contract
  • The Service is for business use; consumer use is not supported
  • You must provide accurate registration information and keep it current
  • You are responsible for the security of credentials and for all activity under them
  • The Tenant Administrator is responsible for User access management within the Tenant
  • You may not maintain more than one trial per legal entity

Subscription, Trial & Billing

Current pricing and plan features are published at kaydenconnect.com/pricing. The plan tier, billing cadence, and seat count selected at checkout govern the fees you owe.

  • Trial: every plan begins with a 14-day trial. A valid payment method is required at sign-up; you will be charged automatically at the end of the trial unless you cancel before then.
  • Billing cadence: Spark and Command plans support monthly or annual billing. HQ and Custom plans are available on annual billing only.
  • Payment processor: Stripe is our sole payment processor. By providing payment information you authorise Stripe to charge the applicable fees, taxes, and any seat overage on each renewal date.
  • Tax: applicable VAT, GST, or sales tax is computed and collected automatically by Stripe Tax based on your billing address.
  • Currency: fees default to USD. Customers in South Africa may be billed in ZAR via Stripe’s Adaptive Pricing.
  • Seat overages: adding Users beyond the seat cap of your plan tier will be blocked until you upgrade or, where supported, are billed pro-rated for the additional seats.
  • Failed payment: Stripe Smart Retries will attempt collection over 21 days. If collection fails, your access may be suspended and the lifecycle described under Termination applies.
  • Refunds: fees are non-refundable except where required by applicable mandatory consumer law.
  • Price changes: we may change list prices on at least 30 days’ notice; changes apply to your next renewal.
  • Billing inquiries: billing@kaydenconnect.com

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy. Material violation may result in suspension or termination as described below.

Your Content & Licence

You retain all rights to Your Content. You grant Kayden Connect a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, adapt format, display, and process Your Content solely as necessary to provide and improve the Service for you. This licence terminates when you delete Your Content or when your account is closed, subject to standard backup retention.

You represent and warrant that:

  • You own or have the necessary rights to Your Content
  • Your Content does not violate any law or third-party right
  • You will obtain any consents required from your Users for the processing we perform

Service Availability

We provide the Service on a best-effort basis for the Spark and Command plans, which do not carry a contractual uptime SLA. The HQ plan includes a contractual 99.9% monthly uptime commitment with service credits, as set out on our SLA page and applied through your Order or Tenant administrator console. We perform scheduled maintenance during low-traffic windows and use reasonable efforts to provide advance notice.

Termination

Termination by you

You may cancel your Subscription at any time from your billing settings or by emailing billing@kaydenconnect.com. Cancellation takes effect at the end of the then-current billing period. After cancellation, your Tenant enters a 60-day grace period during which you can export Your Content via the self-serve data export tool. After the grace period, Your Content is permanently deleted.

Termination by us for cause

We may suspend or terminate your access if you materially breach these Terms (including the Acceptable Use Policy) and fail to cure the breach within 14 days of written notice, except that we may suspend immediately for security incidents, illegal activity, or payment failure beyond the Stripe retry window.

Effect of termination

On termination, your right to use the Service ceases. Provisions that by their nature should survive termination (including Sections on Your Content licence, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS THE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (FOR EXAMPLE, LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE).

Indemnification

Each party will defend the other from third-party claims arising out of (a) the indemnifying party’s breach of these Terms, or (b) Your Content (in the case of Customer) or the Service’s infringement of a third-party intellectual-property right (in the case of Kayden Connect), and will pay damages and reasonable costs finally awarded against the indemnified party. The indemnified party must promptly notify the indemnifying party of the claim and reasonably cooperate in its defence.

Governing Law & Disputes

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Binding arbitration

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved through good-faith negotiation will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration is Sheridan, Wyoming, USA. The arbitration will be conducted in English by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Carve-outs

Either party may (i) bring a claim in small-claims court for matters within its jurisdictional limits, and (ii) seek interim or injunctive relief in any court of competent jurisdiction to protect intellectual-property rights or confidential information.

Mandatory consumer protections

Nothing in this section affects rights you have under mandatory consumer-protection law in the European Union, the United Kingdom, or South Africa, including the right to bring proceedings in your country of residence where local law requires.

Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days’ notice by email to your Tenant Administrator and by posting an updated version at this URL. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

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