By paying for a subscription to Ken3a, or by using Ken3a in any way, you accept these Terms & Conditions and our Privacy Policy. If you do not accept them, do not pay for or use the service.
1. Who These Terms Are Between
These terms form an agreement between Ken3a.com (“Ken3a”, “we”, “us”), a company incorporated in Quebec, Canada, registered at [REGISTERED ADDRESS], and the business that subscribes to the service (“you”).
If you accept these terms on behalf of a company, you confirm that you are authorised to bind that company.
Ken3a is sold to businesses, for business purposes. It is not a consumer product.
2. What the Service Is
Ken3a is software provided over the internet for running a service business: scheduling, customers, invoicing, payroll, communication, marketing and related tools, including features that use artificial intelligence.
We grant you a non-exclusive, non-transferable right to use the service during your subscription, for your own business. You may not resell it, rent it out, or provide it as a service to others without our written agreement.
Beta and early access
Some features, and at times the whole service, are offered as a beta or early-access release — including where you joined from a waitlist or were given free or discounted access while we build. When something is marked beta or early access:
- it may be incomplete, may change substantially, and may be withdrawn;
- it is provided without any warranty of any kind, and the disclaimers in section 13 apply to it in full;
- we may end the beta, or convert it to a paid feature, on reasonable notice;
- free or discounted access does not entitle you to that price when the beta ends. We will tell you the ordinary price before you are charged anything.
Do not rely on a beta feature for anything you cannot afford to lose. Keep your own copy of anything that matters.
What you need to use it
Ken3a runs in a web browser and on a phone. Devices, internet access, mobile data and any text-message charges are yours to arrange and pay for.
3. Your Account
- You are responsible for everything done through your account, including by people you invite into it.
- Keep your credentials secret and tell us promptly at support@ken3a.com if you believe your account has been compromised.
- You are responsible for deciding what each person you invite is allowed to see and do.
- You must give us accurate account and billing information and keep it current.
Messages we send you
Having an account means we will send you service messages — invoices and receipts, security and sign-in notices, alerts about your account, and notice of changes to these terms or to our prices. These are part of the service and you cannot opt out of them while your account is open.
We will only send you marketing — product news, offers, tips — if you have agreed to receive it, and every such message carries a way to stop. Turning marketing off never affects the service messages above.
This section is about messages we send you. Messages you send your own customers through Ken3a are governed by section 6.
4. Fees, Billing and Cancellation
- Price and term. You pay the fee for the plan you select at checkout, in Canadian dollars, in advance, monthly or annually.
- Taxes. Fees are exclusive of GST, QST and any other applicable tax, which are added at checkout.
- Automatic renewal. Your subscription renews automatically for the same period unless you cancel before the renewal date. You authorise us to charge your payment method on each renewal.
- How to cancel. Cancel from the billing screen in the application, or by emailing support@ken3a.com from the address on your account. We will confirm in writing. Cancellation takes effect at the end of the period you have already paid for, and you keep full access until then — we do not cut you off the moment you cancel.
- Refunds. Fees already paid are not refunded, including for a period you cancel part-way through, except where the law requires otherwise or where we have agreed in writing. Where we do give a refund, we may retain the payment-processing fee our provider charges us on the original transaction, because that fee is not returned to us.
- Promotional pricing and codes. A discount, promotional code, referral credit or free period applies only on the terms stated when it was given, applies to one account, is not exchangeable for money, and may be withdrawn if it was obtained by error or abuse. When a promotion ends, your subscription continues at the ordinary price of your plan — we will tell you the price and the date before the first full charge.
- Price changes. We may change our prices. We will give you at least 30 days' notice before a change affects you, and it takes effect at your next renewal — never mid-period.
- Non-payment. If a payment fails we may suspend the service after notifying you. Section 12 governs what happens to your data.
- AI usage. Your plan includes a fair allowance of AI usage. If your use greatly exceeds that allowance we will contact you before charging anything extra — you will never receive a surprise bill.
5. Your Data
Your data belongs to you. Everything you or your team put into Ken3a — your customer records, schedules, invoices, photographs, staff records — remains yours. We claim no ownership over it.
You grant us only the permission we need to host, process, transmit, back up and display that data in order to provide the service to you, and to do so through the providers listed in our Privacy Policy.
Where it is held. The service runs on servers in the United States. By using Ken3a you agree to your data being stored and processed there. This is set out in full in the Privacy Policy, and you should read it before subscribing.
You may export your data at any time while your subscription is active.
6. Personal Information About Other People
Most of what you put into Ken3a is personal information about other people — your customers, your staff, your applicants. This section sets out who is responsible for what, and it matters.
You are responsible for it; we only process it
In law, you are the controller of that information and we are your processor. We handle it only on your instructions and only to provide the service. We do not use it for our own purposes and we never sell it.
What you must do
- Have the right to give it to us. You confirm you have collected that information lawfully and may lawfully entrust it to a service provider.
- Tell people what you are doing. Where the law requires it, you must inform your customers and staff how their information is used, including that a service provider outside Quebec holds it.
- Consent for marketing. If you use Ken3a to send marketing email or text messages, you are responsible for having the consent that Canada's anti-spam law (CASL) and applicable privacy law require, and for honouring unsubscribes. We provide the tools; the permission must be yours.
- Monitoring your staff. If you switch on location-based clock-in, performance tracking or similar features, you are responsible for telling your workers, for having a lawful basis, and for complying with employment and privacy law. These features are optional and off unless you enable them.
- Answer your people's requests. If one of your customers or staff asks to see, correct or delete their information, that request is yours to answer. We will help you and will pass on any such request that reaches us.
7. Artificial Intelligence Features
Ken3a drafts messages, reads documents and photographs, produces summaries and suggests actions. Understand three things about this:
- It assists; it does not decide. AI output is a draft or a proposal. Actions that reach a customer, move money, or affect a member of staff require a person to approve them.
- It can be wrong. AI output may be inaccurate, incomplete or unsuitable. You must review anything before you rely on it or send it. We do not warrant that AI output is accurate or fit for any purpose.
- You are responsible for what you send. Once you approve a message, a price or a document, it is yours — as though you had written it.
Ken3a does not provide legal, accounting or tax advice. Nothing it produces is a substitute for a professional.
8. Acceptable Use
You must not:
- break the law, or use the service to help anyone else do so;
- send unsolicited bulk messages, or messages to people who have not consented or have unsubscribed;
- upload malicious code, or try to gain access to another customer's workspace, our systems, or any data that is not yours;
- probe, scan or load-test the service without our written permission;
- copy, decompile or reverse-engineer the software, or use it to build a competing product;
- upload content that is unlawful, or that infringes someone else's rights.
We may suspend an account immediately, without notice, where we reasonably believe it is causing harm, breaking the law, or threatening the security of the service or of other customers.
Content in your workspace
We do not monitor, screen or review what you put into Ken3a, and we are under no obligation to. We are not the author or publisher of your content.
But we may remove or disable specific content, without being obliged to, where we are required to by law or a court, or where we reasonably believe it breaks section 8 — for example unlawful material, or material that infringes someone else's rights. Where we do, we will tell you what was removed and why, unless the law prevents us. If you believe content in Ken3a infringes your copyright or other rights, write to support@ken3a.com identifying the material and your rights in it, and we will look into it.
9. Services You Connect
You may connect Ken3a to third-party services such as Stripe, Google, QuickBooks, Twilio or Mailchimp. Those services are governed by your own agreements with their providers, not by these terms. We are not responsible for them, for their availability, or for what they do with data you direct us to send them. If one of them changes or withdraws its service, features that depend on it may change or stop, and that is not a breach of these terms by us.
The same goes for links. Where Ken3a or our website links to somewhere else, that is for convenience and is not an endorsement; what happens on the other side is not ours to answer for.
10. Availability
We work to keep Ken3a available and to protect your data, but we do not promise it will be uninterrupted or error-free. We may take the service down for maintenance, and will give notice where reasonably possible. We do not currently offer a contractual uptime guarantee.
11. Our Intellectual Property
The software, its design, and the Ken3a name and marks are ours and remain ours. Nothing in these terms transfers any of it to you beyond the right to use the service described in section 2.
If you send us feedback or suggestions, we may use them freely and without owing you anything.
12. Suspension, Termination and Getting Your Data Back
- You may cancel at any time (section 4).
- We may terminate or suspend your account if you materially breach these terms and do not put it right within 14 days of our written notice — or immediately in the circumstances described in section 8.
- We may discontinue the service as a whole on 60 days' notice, refunding the unused portion of anything you have prepaid.
- After your account ends, we keep your data for 30 days so you can export it or reactivate. After that it is scheduled for deletion, and residual copies in encrypted backups are overwritten in the ordinary course. Backups are described in the Privacy Policy.
13. Warranties
The service is provided “as is”. To the fullest extent the law allows, we exclude all implied warranties, including any warranty of merchantability, fitness for a particular purpose, or uninterrupted or error-free operation.
14. Limitation of Liability
To the fullest extent the law allows:
- Neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, lost revenue, lost business or lost data.
- Our total liability arising out of or relating to these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
Nothing in these terms excludes liability that cannot lawfully be excluded, including for gross negligence, intentional fault, or bodily injury.
15. Indemnity
You will defend and indemnify us against claims brought by a third party arising from your use of the service, your data, or your failure to meet your obligations under section 6 — including a claim by one of your customers or employees that you collected or used their personal information unlawfully.
16. Changes to These Terms
We may change these terms. If a change materially affects your rights or obligations we will give you at least 30 days' notice by email or in the application. Continuing to use Ken3a, or paying a renewal, after a change takes effect means you accept the new terms. If you do not accept them, cancel before they take effect.
17. Governing Law
These terms are governed by the laws of the Province of Quebec and the laws of Canada that apply there. The courts of the judicial district of Montreal, Quebec, have exclusive jurisdiction, and both parties agree to that.
The parties have required that these terms and all related documents be drawn up in English and in French; in case of any inconsistency, the English version prevails.
18. General
- If any provision is held unenforceable, the rest stays in force.
- You may not assign this agreement without our written consent. We may assign it to a successor of our business.
- Events outside our control. Neither party is liable for a failure or delay caused by something beyond its reasonable control — including power or network failure, the failure of a supplier or hosting provider, natural disaster, epidemic, war, civil disturbance, strike, or an act of government. The affected party must tell the other as soon as it reasonably can and do what it reasonably can to limit the effect. If such an event stops the service for more than 30 consecutive days, either party may terminate and we will refund the unused portion of anything you have prepaid.
- A delay in enforcing a right is not a waiver of it.
- Nothing here makes either of us the other's partner, agent or employee.
- These terms, with the Privacy Policy, are the whole agreement between us about the service, and replace anything said before it.