TERMS OF SERVICE.

1. Agreement to Terms

By accessing or using Kaching CRM (“the Service”) at kachingcrm.com, you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these Terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Definitions

Throughout these Terms, the following definitions apply:

• “Platform” — the Kaching CRM web application, APIs, and related services.
• “Account” — a registered tenant workspace created to access the Platform.
• “User” — any individual authorized to access an Account.
• “Subscriber” — the entity or individual who holds the billing relationship with Kaching.
• “Content” — data, text, images, documents, and other material uploaded to or created within the Platform.

3. Account Registration & Security

To use the Service, you must register for an Account. You agree to provide accurate, current, and complete registration information and to update it as necessary to keep it accurate.

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account. You must notify us immediately at security@kachingcrm.com of any unauthorized use or breach of security.

We reserve the right to disable accounts at our sole discretion if we believe you have violated these Terms.

4. Subscription Plans & Billing

Kaching offers paid subscription plans billed monthly or annually. All fees are quoted in Canadian Dollars (CAD) unless otherwise stated. Payments are processed securely by Stripe.

Subscriptions auto-renew unless cancelled before the renewal date. By providing payment information, you authorize Kaching to charge the applicable fees on a recurring basis.

We reserve the right to modify pricing with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Free Trial

We may offer a free trial period for new accounts. At the end of the trial, you will be required to select a paid plan to continue using the Service. We reserve the right to modify or discontinue trial offers at any time.

Free trial access is limited to one trial per organization. Abuse of trial accounts (e.g., creating multiple accounts) may result in suspension of all associated accounts.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Transmit unsolicited or unauthorized advertising or spam
• Upload malware, viruses, or any malicious code
• Attempt to gain unauthorized access to any systems or data
• Scrape, harvest, or collect data from the Platform without authorization
• Impersonate any person or entity
• Engage in any activity that disrupts or interferes with the Service

Violation of this policy may result in immediate termination of your Account without refund.

7. Data & Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

You retain ownership of all Content you upload to the Platform. By uploading Content, you grant Kaching a limited license to use, store, and process it solely to provide the Service. We will not sell or share your data with third parties for advertising purposes.

8. Intellectual Property

The Service and its original content (excluding Content provided by Users), features, and functionality are and will remain the exclusive property of Kaching CRM Inc. and its licensors. The Kaching name, logo, and all related marks are trademarks of Kaching CRM Inc.

You may not copy, modify, distribute, sell, or lease any part of the Service or its software without express written permission from Kaching.

9. Service Availability

We strive to maintain 99.9% uptime. However, we do not guarantee that the Service will be uninterrupted, error-free, or available at all times. We may suspend access to the Service for maintenance, upgrades, or emergency repairs.

Kaching shall not be liable for any losses resulting from service interruptions caused by factors outside our reasonable control, including but not limited to third-party infrastructure outages.

10. Cancellation & Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will continue to have access to the Service until the end of the period for which you have paid.

We do not offer refunds for partially used billing periods. In exceptional circumstances (e.g., billing errors or extended service outages exceeding 24 consecutive hours), we may issue credits or prorated refunds at our discretion.

Refund requests must be submitted within 7 days of the charge to billing@kachingcrm.com.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Kaching CRM Inc., its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business interruption.

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the total amount paid by you in the twelve (12) months preceding the event giving rise to the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Kaching CRM Inc. and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Service.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Montreal, Quebec for the resolution of any disputes.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice prior to significant changes taking effect, via email or a prominent notice on the Platform.

Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must discontinue use and cancel your subscription.