These Terms of Service govern your access to and use of the Kalmira platform, including our websites, applications, application programming interfaces, and any related services (together, the "Service"). By creating an account, subscribing to a plan, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
Kalmira provides cloud-based business management software that helps small and mid-sized organizations manage scheduling, invoicing, customer relationships, automated workflows, team accounts, integrations, onboarding, and business analytics. These Terms form a binding agreement between you (the "Customer", "you", or "your") and Kalmira ("Kalmira", "we", "us", or "our").
01Acceptance of these Terms
By accessing or using the Service, you confirm that you have read, understood, and accepted these Terms, together with our Privacy Policy and Cookie Policy, which are incorporated by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.
We may update these Terms from time to time. When we make material changes, we will post the revised Terms on this page and update the "Last updated" date above. Where required, we will notify account administrators through the Service or by email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
02Eligibility
You must be at least eighteen years old and capable of forming a binding contract to use the Service. The Service is intended for business and professional use, not for personal or household purposes. You are responsible for ensuring that your use of the Service complies with all laws and regulations that apply to you and your organization.
03Accounts and access
To use most features of the Service, you must register for an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
- You must notify us promptly if you become aware of any unauthorized access to or use of your account.
- Account administrators are responsible for managing team member accounts, including granting and revoking access.
- You are responsible for the acts and omissions of anyone who uses the Service through your account.
- We may suspend or restrict access to protect the Service, other customers, or ourselves from harm, security risks, or violations of these Terms.
04Subscriptions and plans
The Service is offered on a subscription basis across several plans, including Starter, Business Growth, and Enterprise. Each plan defines the features, usage limits, number of team member accounts, and level of support available to you. The specific plan you select, together with any order documentation, describes what is included in your subscription.
Plan changes
You may upgrade or downgrade your plan subject to the terms of your subscription. Upgrades generally take effect immediately, and downgrades take effect at the start of your next billing period unless stated otherwise. Reducing your plan may result in the loss of access to certain features, capacity, or historical data associated with the higher tier.
Fees and billing
Fees are described at the point of purchase and are stated in United States dollars unless otherwise noted. Recurring subscriptions renew automatically for successive periods until cancelled. You authorize us, or our payment processors, to charge the applicable fees using your selected payment method. You are responsible for any taxes associated with your subscription, other than taxes based on our net income. Full details of billing, renewals, and cancellations are described in our subscription and billing terms.
05Customer data and content
You retain all rights in the data and content you and your team submit to the Service ("Customer Data"). You grant us a limited, non-exclusive license to host, process, transmit, and display Customer Data solely as necessary to provide and improve the Service, to support you, and to comply with law.
You are responsible for the accuracy, quality, and legality of Customer Data and for obtaining any consents required to submit it to the Service. You must not upload content that infringes the rights of others, that is unlawful, or that you do not have permission to share.
06Acceptable use
You agree to use the Service responsibly and lawfully. In particular, you must not:
- Use the Service to send spam, unsolicited communications, or malicious content.
- Attempt to gain unauthorized access to the Service, other accounts, or connected systems.
- Interfere with or disrupt the integrity, security, or performance of the Service.
- Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law.
- Misuse the application programming interface, exceed documented rate limits, or use automated means to overload the Service.
- Use the Service to store or process data in violation of applicable privacy or data protection laws.
These commitments are described in more detail in our acceptable use terms. We may investigate suspected violations and take appropriate action, including suspending or terminating access.
07Intellectual property
The Service, including its software, design, text, graphics, and all related intellectual property, is owned by Kalmira and its licensors and is protected by law. Except for the limited rights expressly granted to you in these Terms, we reserve all rights, title, and interest in and to the Service. You may not use our trademarks, logos, or brand elements without our prior written permission.
If you provide us with feedback or suggestions about the Service, you grant us a perpetual, royalty-free license to use that feedback to improve the Service, without any obligation to you.
08Third-party integrations
The Service may allow you to connect third-party applications, integrations, or services. Your use of any third-party service is governed by that provider's own terms and privacy practices. We are not responsible for third-party services, and enabling an integration may involve sharing Customer Data with that provider at your direction.
09Service availability and support
We work to keep the Service available and reliable, and we publish uptime targets for our platform. However, the Service is provided on an ongoing basis and may occasionally be unavailable due to maintenance, updates, or factors beyond our reasonable control. We may modify, enhance, or discontinue features from time to time, and will provide reasonable notice of material changes that adversely affect core functionality.
The level of support available to you depends on your plan. Higher tiers include priority support and, for Enterprise customers, dedicated onboarding and configuration assistance.
10Warranties and disclaimers
We provide the Service with reasonable skill and care. Except as expressly stated in these Terms, the Service is provided "as is" and "as available", and we disclaim all other warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will meet every requirement of your organization.
11Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or related to these Terms or the Service. Our total aggregate liability arising out of or related to these Terms will not exceed the amount you paid to us for the Service in the twelve months preceding the event giving rise to the claim.
12Indemnification
You agree to indemnify and hold Kalmira harmless from any claims, damages, liabilities, and expenses arising out of your Customer Data, your use of the Service in violation of these Terms, or your violation of any law or the rights of a third party.
13Term and termination
These Terms remain in effect for as long as you use the Service. You may stop using the Service and cancel your subscription in accordance with your plan. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Service and its users.
Upon termination, your right to use the Service ends. We will make Customer Data available for export for a limited period after termination, after which we may delete it in accordance with our data retention practices. Provisions that by their nature should survive termination, including those relating to intellectual property, disclaimers, and limitation of liability, will survive.
14Governing law
These Terms are governed by the laws of the State of Colorado, United States, without regard to its conflict of laws principles. The parties agree to submit to the exclusive jurisdiction of the courts located in Colorado for the resolution of any dispute, except where applicable law provides otherwise.
15General
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms without our prior written consent. These Terms, together with the Privacy Policy, Cookie Policy, and any order documentation, constitute the entire agreement between you and Kalmira regarding the Service.