Terms & Conditions

TERMS AND CONDITIONS

1. Agreement

These Terms and Conditions (“Terms”) govern access to and use of Kafy.

By:

• creating an account
• accepting an invitation
• starting a trial
• purchasing a subscription
• accessing a workspace; or
• using any Kafy service

you agree to these Terms and the Privacy Policy.

If you use Kafy for an organization, you represent that you have authority to bind that organization. In that case, “Customer” includes the organization.

If you do not agree, do not use Kafy.

2. Service provider

Kafy is provided by:

Kafy For Information Technology LLC

3. Description of the service

Kafy is a cloud-based business-management platform that may include:

• customer management
• CRM and Client 360
• sales
• quotations
• invoices
• expenses
• products and services
• projects and tasks
• subscriptions
• HR and employee records
• tickets
• reports and dashboards
• search
• notifications
• business activity feeds
• AI-assisted features
• integrations
• communications; and
• other functions introduced from time to time.

Features may vary by plan, country, configuration or availability.

Kafy is not an accounting firm, legal adviser, tax adviser, financial institution, bank, payment institution or government platform.

4. Eligibility and business use

Users must:

• be at least 18 years old
• have legal capacity
• provide accurate information
• use Kafy for lawful business purposes; and
• have authority to act for the relevant organization.

Kafy may refuse or terminate accounts where these requirements are not met.

5. Accounts and security

Users must:

• maintain accurate account information
• keep credentials confidential
• not share personal login credentials
• promptly report unauthorized access
• use appropriate security controls; and
• remain responsible for activity under their account unless caused solely by Kafy’s proven breach of obligation.

Kafy may suspend access where we reasonably suspect compromise, fraud or misuse.

6. Workspaces, owners and administrators
6.1 Workspace owner

The workspace owner controls:

• the subscription
• workspace settings
• users
• roles
• permissions
• integrations
• billing
• customer content; and
• account closure.
• 6.2 Administrators

Administrators may receive broad access. The customer is responsible for selecting trustworthy administrators and reviewing permissions.

6.3. Invited users

Invited users may access only the workspace permissions assigned to them.

6.4. Employment disputes

Kafy is not responsible for disputes between a business and its employees, contractors, customers or users.

7. Subscription plans

Kafy may offer:

• monthly subscriptions
• annual subscriptions
• free trials
• promotional plans
• usage-based services
• optional add-ons; and
• customized enterprise plans.

Plan details, prices and included usage are displayed at purchase or stated in an order form.

8. Billing and automatic renewal

Unless otherwise stated:

• subscriptions are billed in advance
• monthly subscriptions renew each month
• annual subscriptions renew each year
• renewal occurs automatically until canceled
• the customer authorizes recurring charges
• prices exclude VAT unless expressly stated otherwise
• applicable VAT or other taxes may be added
• usage charges may be billed separately; and
• the customer must maintain a valid payment method.

Kafy may use a payment processor or merchant of record to collect payment.

9. Cancellation and no-refund policy
9.1 Cancellation

The customer may cancel through account settings or by contacting support before the next renewal date.

Cancellation stops future renewal. Access generally continues until the end of the already-paid billing period unless the account is terminated for breach or security reasons.

9.2. No refunds

All subscription payments are final and non-refundable.

This applies to:

• monthly subscriptions
• annual subscriptions
• renewals
• unused time
• unused features
• unused user seats
• downgrade requests
• failure to use the service
• accidental renewal
• cancellation after billing
• partial subscription periods; and
• customer-requested early termination.

Canceling a monthly or annual subscription does not create a right to a full or partial refund for the current billing period.

An annual subscription is a commitment for the entire annual term. Canceling prevents the next annual renewal but does not refund the remaining months of the current annual term.

9.3. Mandatory legal rights

Nothing in these Terms excludes a refund, remedy or right that cannot legally be excluded under applicable law.

Where a refund is legally required due to a proven service failure or other mandatory right, Kafy will provide the minimum remedy required by applicable law.

9.4. Chargebacks

Customers must contact billing@kafy.io before initiating a payment dispute.

Fraudulent or improper chargebacks may result in suspension, recovery action and reimbursement of reasonable costs where permitted by law.

10. Trials and promotions

Kafy may offer trials or promotions subject to additional terms.

We may:

• require payment details
• limit trials to one per customer
• convert a trial to a paid subscription after notice and consent
• withdraw abuse-related trials
• modify future promotions; and
• reject repeated trial registrations.

Trial data may be deleted after the trial ends if no paid subscription is activated.

11. Price and plan changes

Kafy may change prices or plan features.

Changes generally apply at the next renewal after reasonable notice unless:

• the customer agrees to an immediate change
• the change concerns usage beyond plan limits
• a tax or legal requirement applies
• a third-party cost changes; or
• an order form states otherwise.

Continued use after the effective date constitutes acceptance where legally permitted.

12. Customer content and ownership

The customer retains ownership of lawful content uploaded to Kafy.

The customer grants Kafy a limited, worldwide license to host, copy, transmit, process, display and back up customer content solely as needed to:

• provide the service
• maintain security
• comply with law
• support the customer; and
• improve technical performance using aggregated or de-identified information.

The customer represents that it has all rights and permissions necessary to submit the content.

13. Prohibited content

Customers must not upload or process:

• unlawful content
• stolen data
• data collected without lawful authority
• malware
• intellectual-property infringement
• fraudulent records
• harassment or threats
• exploitative or abusive content
• passwords or secrets in unsafe fields
• full payment-card data except through approved payment integrations
• government-classified information
• highly sensitive information without appropriate authority and safeguards; or
• content that violates third-party platform rules.
• 14. Acceptable use

Users must not:

• send spam
• conduct phishing
• impersonate others
• scrape data unlawfully
• bypass security
• probe or attack systems
• overload the service
• reverse engineer except where legally permitted
• resell unauthorized access
• share accounts
• circumvent plan limits
• introduce malware
• use Kafy for illegal surveillance
• infringe privacy rights
• abuse communications channels
• manipulate invoices or records for fraud
• use the service to discriminate unlawfully; or
• interfere with other customers.

Kafy may investigate and suspend suspected violations.

15. Email, SMS, WhatsApp and marketing
15.1 Customer responsibility

Customers using Kafy to contact recipients must:

• obtain consent where required
• provide required sender identification
• use accurate contact information
• provide a valid opt-out
• honor unsubscribe requests
• maintain consent records
• comply with applicable privacy and telecom rules
• comply with WhatsApp and provider policies
• not send prohibited or high-risk content; and
• not use purchased or unlawfully acquired lists.
• 15.2 Operational communications

Users authorize Kafy to send operational communications necessary to provide the service, including security, billing, account, invitation, assignment and support messages.

15.3. Kafy marketing

Kafy may send marketing only as described in the Privacy Policy and subject to applicable consent and opt-out requirements.

15.4. Platform restrictions

Third-party communication providers may block, delay or reject messages. Kafy does not guarantee delivery.

16. Customer data-protection obligations

Customers are responsible for:

• lawful collection and processing
• privacy notices
• consent
• data accuracy
• access controls
• data-subject requests
• employee monitoring notices
• retention
• deletion
• cross-border transfers
• and regulatory compliance.

Where required, the parties may enter into a Data Processing Addendum.

17. Employee and HR records

Kafy’s HR module is an administrative tool only.

The customer remains responsible for:

• Saudi labor-law compliance
• employee notices and consents
• payroll accuracy
• contracts
• leave entitlements
• attendance rules
• immigration and work authorization
• social-insurance obligations
• disciplinary procedures; and
• retention of employment records.

Kafy does not provide legal or HR advice.

18. Invoices, tax and ZATCA

Kafy may assist users in preparing invoices and business records.

The customer is solely responsible for:

• tax registration
• VAT calculations
• invoice accuracy
• applicable invoice requirements
• ZATCA compliance
• e-invoicing phases
• reporting
• filing
• record retention; and
• obtaining professional tax advice.

A label such as “ZATCA-ready” does not guarantee that every customer’s configuration or usage complies with all requirements.

19. AI features

AI-generated outputs are provided for assistance only.

Users acknowledge that outputs may:

• contain errors
• omit information
• reflect incorrect assumptions
• be outdated
• be unsuitable for a specific decision; or
• resemble third-party content.

Users must review outputs before use.

Kafy is not responsible for decisions made solely on AI output.

AI tools must not be used to make unlawful discriminatory, employment, credit, healthcare or legally significant decisions.

20. Integrations and third-party services

Kafy may integrate with third parties.

The customer authorizes Kafy to exchange the data necessary to operate the integration.

Kafy is not responsible for:

• third-party downtime
• API changes
• account suspensions
• third-party fees
• data handled independently by third parties
• changed platform policies
• lost authorization
• or discontinued integrations.

Third-party terms apply separately.

21. Availability and maintenance

We aim to provide reliable service but do not guarantee uninterrupted or error-free access.

Service may be affected by:

• maintenance
• upgrades
• internet outages
• cloud-provider incidents
• cyberattacks
• third-party failures
• force majeure
• legal requirements; or
• urgent security action.

We may modify, replace or discontinue features, while taking reasonable steps to avoid unnecessary disruption.

22. Support

Support channels and response times depend on the subscription plan.

Unless a separate written Service Level Agreement applies, response times are targets and not guaranteed resolution times.

23. Backups and exports

Kafy may maintain operational backups but does not guarantee that every deleted or corrupted item can be restored.

Customers should periodically export critical data where the product allows it.

The customer is responsible for maintaining any independent records required by law.

24. Intellectual property

Kafy and its licensors own:

• the software
• source code
• design
• trademarks
• logos
• documentation
• workflows
• templates
• databases
• product structure; and
• all related intellectual property.

The subscription grants a limited, non-exclusive, non-transferable and revocable right to use Kafy during the paid subscription term.

No ownership is transferred to the customer.

25. Feedback

If a user submits suggestions or feedback, Kafy may use them without restriction or payment, provided we do not publicly identify the person without permission.

26. Confidentiality

Each party must protect confidential information received from the other and use it only for the relevant business relationship.

Confidential information does not include information that:

• is public without breach
• was lawfully known
• was independently developed
• was lawfully received from another source; or
• must be disclosed by law.
• 27. Suspension

Kafy may suspend access where reasonably necessary due to:

• non-payment
• security risk
• suspected fraud
• unlawful activity
• spam
• violation of these Terms
• harm to other users
• legal request
• misuse of integrations
• excessive resource use; or
• risk to Kafy’s reputation, infrastructure or providers.

Where practical, we may provide notice and an opportunity to cure.

Suspension does not remove payment obligations.

28. Termination

Either party may terminate as allowed under these Terms or an order form.

Kafy may terminate immediately for:

• material breach
• repeated violations
• illegal activity
• fraud
• serious security risk
• non-payment
• abuse of communications
• or conduct that exposes Kafy to regulatory or third-party liability.

Upon termination:

• access ends
• outstanding amounts remain payable
• no refund is due except where required by law
• the customer must export data before closure
• data may be deleted according to retention practices; and
• provisions intended to survive will continue.
• 29. Disclaimers

To the maximum extent permitted by law:

• Kafy is provided on an “as available” basis
• features may change
• reports depend on customer-entered data
• integrations depend on third parties
• AI output is not guaranteed
• Kafy does not guarantee business growth, revenue, tax compliance or legal compliance
• Kafy is not professional legal, tax, medical, accounting or financial advice; and
• customers remain responsible for business decisions.

Nothing excludes warranties that cannot legally be excluded.

30. Limitation of liability

To the maximum extent permitted by applicable law, Kafy will not be liable for:

• indirect loss
• loss of profit
• loss of revenue
• loss of opportunity
• loss of goodwill
• loss caused by customer data entry
• unauthorized user actions
• third-party integrations
• message-delivery failure
• customer legal non-compliance
• reliance on AI output
• or data loss that could reasonably have been avoided through available export or backup measures.

To the maximum extent permitted by law, Kafy’s aggregate liability arising from the service will not exceed the subscription fees actually paid by the customer to Kafy during the three months immediately preceding the event giving rise to the claim.

This limitation does not apply where liability cannot legally be limited, including liability resulting from fraud, willful misconduct or other mandatory legal provisions.

31. Indemnity

To the extent permitted by law, the customer will indemnify Kafy against third-party claims, losses and reasonable expenses arising from:

• unlawful customer content
• misuse of the service
• unlawful marketing
• privacy violations by the customer
• infringement of third-party rights
• customer tax or employment violations
• or violation of these Terms.

Kafy will give reasonable notice of an indemnified claim and permit reasonable participation in the defense.

32. Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, government action, internet or utility failure, widespread cloud outage, epidemic, labor disruption or cyberattack, provided reasonable mitigation efforts are made.

33. Changes to the Terms

Kafy may update these Terms.

Material changes may be notified through:

• email
• in-app notice
• website notice; or
• account notification.

Continued use after the effective date constitutes acceptance where legally permitted.

If a customer does not agree, its remedy is to cancel before the next renewal. Cancellation does not create a refund right for amounts already paid.

34. Electronic contracting

Users agree that:

• clicking an acceptance button
• creating an account
• purchasing a plan
• accepting an order form
• or continuing to use the service

may constitute electronic acceptance and have the same effect as a written agreement, subject to applicable law.

Electronic records may be retained as evidence of acceptance.

35. Notices

Kafy may send notices to the email associated with the account, through the application or through other registered contact information.

The customer must keep contact information current.

Legal notices to Kafy should be sent to:

legal@kafy.io

36. Assignment

The customer may not assign the agreement without Kafy’s prior written consent.

Kafy may assign the agreement to an affiliate or as part of a merger, restructuring, financing or sale of business, subject to applicable law.

37. Severability

If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain effective.

38. No waiver

Failure to enforce a provision does not waive the right to enforce it later.

39. Entire agreement

These Terms, the Privacy Policy, the selected plan, any order form and any applicable Data Processing Addendum form the entire agreement concerning Kafy.

If an order form conflicts with these Terms, the order form controls only to the extent it expressly states the conflicting provision.

40. Governing law and jurisdiction

These Terms are governed by the laws and regulations of the Kingdom of Saudi Arabia.

The parties will first attempt in good faith to resolve disputes through written discussion.

Unless mandatory law requires otherwise, disputes will be subject to the competent courts of the Kingdom of Saudi Arabia.

41. Language

These Terms may be provided in Arabic and English.

The Arabic version is the governing version in the event of inconsistency, unless an executed enterprise agreement expressly states otherwise.