Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Kahrbon, Inc. ("Kahrbon," "we," "us," or "our") governing your access to and use of the Kahrbon visitor management platform, including our website at kahrbon.com, mobile applications, APIs, and all related services (collectively, the "Services").

By accessing or using our Services, creating an account, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

Kahrbon provides a cloud-based visitor management platform that enables organizations to:

• Register and track visitors at their facilities
• Pre-register visitors and send invitations
• Capture visitor information, photos, and signatures
• Print visitor badges and access credentials
• Send host notifications via email and Microsoft Teams
• Verify visitor identities and screen against watchlists
• Integrate with access control systems and directory services
• Generate visitor reports and analytics
• Manage emergency evacuations and roll calls

The specific features available to you depend on your subscription plan. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time.

3.1 Account Creation

To use the Services, you must create an account by providing accurate, complete, and current information. You agree to update your account information promptly if it changes.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your account
• Enable multi-factor authentication when available
• Notify us immediately of any unauthorized access or security breach
• Not share your account credentials with unauthorized users

3.3 Account Types

We offer different user roles with varying permissions. Account administrators are responsible for managing user access and permissions within their organization.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

4.1 Prohibited Activities

• Use the Services for any illegal purpose or to violate any laws
• Collect visitor information for purposes other than legitimate visitor management
• Sell, resell, or commercially exploit visitor data collected through the Services
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Use the Services to send spam, unsolicited messages, or phishing attempts
• Violate the privacy rights of visitors or other users
• Use automated tools to access the Services without our written consent
• Sublicense, transfer, or assign your rights to use the Services

4.2 Content Standards

Any content you upload to the Services (including company logos, custom questions, legal documents, and visitor communications) must not:

• Infringe any intellectual property rights
• Contain defamatory, obscene, or offensive material
• Violate any person's privacy or publicity rights
• Contain false, misleading, or deceptive information

6.1 Subscription Plans

Access to the Services requires a paid subscription. Subscription plans, features, and pricing are described on our website and may be modified from time to time.

6.2 Payment

• You agree to pay all fees associated with your subscription plan
• Fees are billed in advance on a monthly basis
• All payments are non-refundable unless otherwise specified
• You authorize us to charge your payment method automatically
• Prices are subject to change with 30 days' notice

6.3 Taxes

You are responsible for all applicable taxes, and we will charge tax when required by law. If you are exempt from taxes, you must provide valid exemption documentation.

6.4 Overdue Payments

If your payment is overdue, we may suspend your access to the Services until payment is received. We may charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law.

6.5 Free Trials

We may offer free trials of the Services. At the end of the trial period, you will be automatically charged unless you cancel before the trial ends.

7.1 Kahrbon Property

The Services, including all software, content, features, designs, and documentation, are owned by Kahrbon and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Services during your subscription term.

7.2 Your Content

You retain ownership of content you upload to the Services. By uploading content, you grant Kahrbon a worldwide, non-exclusive license to use, reproduce, and display your content solely for the purpose of providing the Services.

7.3 Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant Kahrbon the right to use such feedback without compensation or attribution.

7.4 Trademarks

"Kahrbon" and our logos are trademarks of Kahrbon, Inc. You may not use our trademarks without prior written consent.

8.1 Data Controller

You are the data controller for visitor data collected through the Services. Kahrbon acts as a data processor on your behalf, processing visitor data according to your instructions.

8.2 Your Responsibilities

You are responsible for:

• Providing appropriate privacy notices to visitors
• Obtaining necessary consents for data collection
• Responding to visitor data subject requests
• Complying with applicable data protection laws
• Configuring appropriate data retention settings

8.3 Data Processing Agreement

Our Data Processing Agreement (DPA) governs how we process personal data on your behalf and is incorporated into these Terms. The DPA is available upon request for enterprise customers.

8.4 Privacy Policy

Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms.

Each party agrees to protect the other party's confidential information with the same degree of care it uses to protect its own confidential information, but no less than reasonable care.

Confidential information includes pricing, technical specifications, business plans, and any information marked as confidential. Confidential information does not include information that is publicly available, already known, or independently developed.

Confidential information may be disclosed if required by law, provided that the disclosing party gives reasonable notice to allow the other party to seek protective measures.

10.1 Our Warranties

Kahrbon warrants that:

• The Services will perform substantially in accordance with our documentation
• We will provide the Services with reasonable skill and care
• We will maintain appropriate security measures

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We do not warrant the accuracy or reliability of any information obtained through the Services.

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAHRBON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

11.2 Liability Cap

KAHRBON'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO KAHRBON DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11.3 Exceptions

The limitations in this section do not apply to liability arising from gross negligence, willful misconduct, or violation of applicable law.

12.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Kahrbon and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws, including TCPA and other communications laws
• Your content or data uploaded to the Services
• Your infringement of any third-party rights

12.2 Kahrbon Indemnification

Kahrbon will indemnify you against claims that the Services infringe any third-party intellectual property rights, provided you notify us promptly and allow us to control the defense.

13.1 Term

These Terms are effective when you accept them and continue until your subscription is terminated.

13.2 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

13.3 Termination by Kahrbon

We may terminate or suspend your access to the Services:

• Immediately for violation of these Terms or acceptable use policies
• With 30 days' notice for convenience
• Immediately if required by law or to prevent harm to other users

13.4 Effect of Termination

Upon termination:

• Your access to the Services will be disabled
• You may request export of your data within 30 days
• We will delete your data according to our retention policies
• You must pay all outstanding fees
• Provisions that should survive termination will remain in effect

14.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at [email protected] to attempt informal resolution. Most disputes can be resolved quickly through direct communication.

14.2 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in English and held in Delaware or remotely via video conference.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Exceptions

Nothing in this section prevents either party from seeking injunctive relief in court for intellectual property infringement or other urgent matters.

15.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with the Privacy Policy and any Order Forms, constitute the entire agreement between you and Kahrbon regarding the Services.

15.3 Modifications

We may modify these Terms from time to time. We will provide notice of material changes at least 30 days before they take effect. Continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

15.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

15.5 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.6 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.7 Force Majeure

Neither party will be liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, or government actions.

15.8 Export Compliance

You agree to comply with all applicable export control laws and regulations. You may not use the Services in any country subject to U.S. sanctions.