Terms of Service

1. About these Terms

These Terms of Service (the Terms) govern your access to and use of websites, applications, software products, cloud services, APIs, documentation, support channels, and other services provided by KITECH SOFTWARE LTD (KiTech Software, KiTech, we, our, or us).

KITECH SOFTWARE LTD is a private limited company registered in England and Wales under company number 10528257. Its registered office is Unit 82a James Carter Road, Mildenhall, Bury St. Edmunds, England, IP28 7DE.

By accessing or using a service covered by these Terms, you agree to these Terms. If you do not agree, you must not use that service.

These Terms do not remove or restrict any rights that cannot lawfully be excluded, including mandatory consumer rights.

2. Scope and Product-Specific Terms

These Terms apply across KiTech websites and services unless a product, service, order, licence, or written agreement provides additional or replacement terms.

Product-specific terms may address matters such as:

• service features and availability;
• subscriptions and billing;
• data processing and residency;
• service levels and support;
• self-hosted deployments;
• acceptable-use restrictions;
• beta, preview, or experimental features; and
• product-specific termination or export arrangements.

Where product-specific terms conflict with these Terms, the product-specific terms prevail only for that product and only to the extent of the conflict.

Open-source software is governed by the licence distributed with that software. These Terms do not replace an applicable open-source licence.

3. Partner Applications

KiTech may develop, maintain, host, or operate software for selected strategic partners.

A Partner Application should identify the organisation responsible for providing the application and any additional terms or privacy notices that apply. Partner-specific terms supplement these Terms unless the application clearly states that another agreement replaces them.

The following standard notice may be used within a Partner Application:

This application is developed and maintained by KiTech Software on behalf of its partner. Product-specific policies supplement, but do not replace, the KiTech Software company policies unless expressly stated otherwise.

The allocation of responsibilities between KiTech and a partner may differ by application. The application’s own legal notice should identify the relevant operator, contracting party, and data controller where applicable.

4. Eligibility and Authority

You must be legally capable of entering into a binding agreement to use a service covered by these Terms.

If you use a service on behalf of an organisation, you confirm that you are authorised to accept these Terms for that organisation. In that case, you includes both you and the organisation.

Products intended for children or young people may include separate eligibility, consent, or safeguarding requirements.

5. Accounts and Authentication

Some services require an account. You must:

• provide accurate information where requested;
• keep authentication credentials secure;
• use reasonable measures to protect your account;
• promptly notify us of suspected unauthorised access; and
• remain responsible for activity performed through your account, except where that activity results from our failure to use reasonable care and skill.

You must not share an account where the relevant service requires individual accounts.

An organisation may control accounts issued within its managed environment. Access may therefore depend on the organisation’s policies, membership, employment, or contractual relationship with you.

6. Acceptable Use

You must use KiTech services lawfully and in accordance with these Terms and any applicable Acceptable Use Policy.

You must not use a service to:

• break applicable law or facilitate unlawful activity;
• infringe intellectual-property, privacy, confidentiality, or other rights;
• distribute malware or attempt unauthorised access;
• interfere with service integrity, availability, or security;
• evade technical, usage, or access restrictions;
• impersonate another person or misrepresent authority;
• conduct abusive, fraudulent, deceptive, or harmful activity; or
• use automated access in a manner that materially disrupts the service or violates published technical rules.

Security research must follow our Responsible Disclosure Policy unless we have expressly authorised different testing terms.

7. Your Content

You retain ownership of content that you submit, store, transmit, or create through a service (Your Content).

You grant KiTech only the rights reasonably necessary to provide, secure, maintain, support, and improve the service, comply with your instructions, and meet legal obligations. This licence is non-exclusive and limited to those purposes.

You are responsible for ensuring that you have the necessary rights and permissions to provide Your Content and that doing so does not violate applicable law or another person’s rights.

Product-specific privacy, encryption, retention, and deletion documentation may further limit how KiTech can access or process Your Content.

8. KiTech Materials and Intellectual Property

Except for Your Content and third-party materials, KiTech and its licensors retain all rights in the services, including software, designs, documentation, trademarks, and other materials.

We grant you a limited, non-exclusive, non-transferable, revocable right to use a service for its intended purpose while you comply with these Terms and any applicable product terms.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or attempt to derive source code from proprietary software except where:

• applicable law permits it despite this restriction;
• an applicable licence permits it; or
• we have provided written permission.

9. Feedback

You may provide ideas, suggestions, or feedback voluntarily. You grant us permission to use that feedback without restriction or payment, provided that we do not publicly identify you as its source without permission.

10. Third-Party Services

A KiTech service may integrate with or link to third-party services. Third-party services are governed by their own terms and policies.

We are not responsible for a third-party service merely because a KiTech service links to or interoperates with it. We will clearly identify material third-party dependencies where reasonably practicable.

11. Self-Hosted Software

Where software is self-hosted, the person or organisation operating the deployment is generally responsible for its infrastructure, configuration, administration, backups, access controls, updates, and compliance obligations unless a separate agreement states otherwise.

KiTech is not responsible for failures caused by unauthorised modifications, unsupported configurations, third-party infrastructure, or an operator’s failure to apply required security updates.

12. Beta, Preview, and Experimental Features

We may label features as alpha, beta, preview, experimental, evaluation, or similar. Such features may be incomplete, change materially, have reduced support, or be withdrawn for legitimate product, security, legal, or operational reasons.

We will not use a preview label to remove rights that cannot lawfully be excluded. Paid preview services remain subject to any commitments stated at purchase.

13. Availability and Changes

We aim to operate services reliably, but uninterrupted or error-free availability cannot be guaranteed.

We may change a service where reasonably necessary to:

• improve functionality or security;
• comply with law;
• address abuse or technical risk;
• replace obsolete technology;
• reflect changes to third-party dependencies; or
• continue operating the service sustainably.

Where a change materially reduces a paid service, we will provide reasonable notice where practicable and any remedy required by law or the applicable product terms.

14. Fees, Billing, and Taxes

Some services may require payment. Prices, billing periods, taxes, renewal terms, and cancellation rights will be disclosed before purchase or in the applicable order or product terms.

You must provide accurate billing information and pay undisputed charges when due.

Nothing in these Terms limits any statutory right to cancel, obtain a refund, require repeat performance, receive a price reduction, or pursue another legal remedy.

15. Suspension and Termination

You may stop using a service at any time, subject to any subscription, notice, data-export, or cancellation terms presented when you obtained it.

We may restrict, suspend, or terminate access where reasonably necessary because of:

• a material or repeated breach of these Terms;
• unlawful, fraudulent, abusive, or dangerous activity;
• a credible security threat;
• non-payment of undisputed charges;
• a legal or regulatory requirement;
• the end of an organisation’s authority to provide your access; or
• discontinuation of the relevant service.

Where appropriate, we will give notice and a reasonable opportunity to correct a breach. Immediate action may be necessary where delay would create legal, security, safety, or operational risk.

Termination does not affect rights and obligations that arose before termination. Provisions intended by their nature to survive termination remain effective.

16. Data Export and Deletion

Available export and deletion options vary by product and deployment model. Applicable Privacy Notices, Data Retention Policies, Data Deletion Policies, and product documentation explain these options.

Deletion may be delayed or limited where information must be retained for security, fraud prevention, legal claims, regulatory obligations, backups, or lawful preservation requirements.

17. Disclaimers

We provide services using reasonable care and skill.

Information published on our general website or documentation is provided for informational purposes and is not legal, financial, medical, or other regulated professional advice.

To the extent permitted by law, we do not guarantee that every service will meet every user’s particular requirements or be compatible with every device, configuration, or third-party system.

18. Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• breach of rights that cannot lawfully be excluded; or
• any other liability that applicable law does not permit us to limit.

If you are a consumer, we are responsible for loss or damage that is a foreseeable result of our breach of these Terms or failure to use reasonable care and skill. We are not responsible for business losses arising from consumer use.

If you use a service wholly or mainly for business purposes, any product-specific agreement or order may define additional liability exclusions or caps. In the absence of such terms, liability will be determined under applicable law, taking account of the nature of the service and the circumstances of the loss.

We are not responsible for loss caused solely by matters outside our reasonable control, your breach of these Terms, unsupported changes, or third-party systems that we do not control, except where applicable law provides otherwise.

19. Indemnity for Business Users

If you use a service for business purposes, you will indemnify KiTech against third-party claims, losses, and reasonable costs arising directly from:

• Your Content infringing another person’s rights;
• your unlawful use of the service; or
• your material breach of these Terms,

except to the extent that the claim results from KiTech’s breach, negligence, wilful misconduct, or failure to mitigate reasonably avoidable loss.

This section does not apply to consumers acting wholly or mainly outside their trade, business, craft, or profession.

20. Export Controls and Sanctions

You must not use, export, re-export, transfer, or make available a service in breach of applicable export-control, trade-sanctions, or import laws.

Additional requirements may be described in our Export and Sanctions Policy or product-specific terms.

21. Changes to these Terms

We may update these Terms for legitimate legal, security, operational, or product reasons.

We will publish the updated version and its effective date. Where changes materially affect an existing paid or consumer contract, we will provide reasonable advance notice where required and explain any available cancellation rights.

Changes do not apply retrospectively unless required by law or expressly agreed.

22. Governing Law and Disputes

These Terms are governed by the laws of England and Wales.

If you are a consumer, this choice does not deprive you of mandatory protections provided by the law of the country where you live. You may bring proceedings in any court that has jurisdiction under applicable consumer law.

If you are acting for a business, the courts of England and Wales have exclusive jurisdiction unless a written agreement states otherwise.

Before starting formal proceedings, the parties should attempt in good faith to resolve the dispute through the relevant support or legal contact channel.

23. General Provisions

If a court or competent authority finds part of these Terms unlawful or unenforceable, the remaining provisions continue in effect.

A delay in enforcing a right does not waive that right.

You may not transfer your rights or obligations under these Terms without our written permission, except where applicable law gives you that right. We may transfer these Terms as part of a merger, restructuring, sale, or transfer of the relevant service, provided that doing so does not reduce mandatory consumer rights.

These Terms, together with applicable product terms, orders, and policies, form the agreement governing the relevant service.

24. Contact

Questions about these Terms may be sent to:

Email: hello@kitechsoftware.com
Post: KITECH SOFTWARE LTD, Unit 82a James Carter Road, Mildenhall, Bury St. Edmunds, England, IP28 7DE

Related Documents

• Privacy Policy
• Cookie Policy
• Acceptable Use Policy
• Security Policy
• Responsible Disclosure Policy
• Data Retention Policy
• Data Deletion Policy
• Export and Sanctions Policy
• Contact Policy