Terms and Conditions

The Service is provided by Kadesgo, the Dutch sole proprietorship behind KadesGo.

The Service is offered exclusively for business use by repair businesses, service businesses and other professional organisations. It is not offered to consumers. Consumer withdrawal rights and other consumer-only protections therefore do not apply.

A person accepting the Agreement on behalf of a Customer confirms that they have legal capacity and sufficient authority to bind that Customer. The Customer is responsible for ensuring that every User is permitted to use the Service and complies with the Agreement. There is no separate minimum age for ordinary Users, but a User may only act within the authority and supervision provided by the Customer and applicable law.

The Agreement is formed when Kadesgo accepts a registration or Order, confirms a subscription, or makes the Service available, whichever occurs first. By ticking the acceptance box or otherwise expressly accepting an Order, the Customer confirms that these Terms and Conditions were available before acceptance and can be stored for later reference.

If documents conflict, a specifically agreed Order takes precedence for commercial details, the data processing agreement takes precedence for the processing of personal data on the Customer's behalf, and these Terms and Conditions apply in all other respects. A deviation is valid only when agreed in writing by an authorised representative of Kadesgo.

Product descriptions and demonstrations explain the Service but do not create commitments beyond the functionality included in the Order. Statements made by a third party bind Kadesgo only if Kadesgo confirms them in writing.

During the Agreement, Kadesgo grants the Customer a limited, non-exclusive, non-transferable and revocable right for its authorised Users to access and use the Service for the Customer's internal business operations. The right of use is limited to the plan, number of Users and other limits stated in the Order.

Depending on the selected plan, the Service may include ticket and customer management, a product and service catalogue, planning and calendar tools, customer communications, invoices, receipts, labels, a customer-facing display, digital signatures, exports and team management. The exact functionality is the functionality shown in the Order and made available in the Customer's account.

• The Customer may use the Service only for its own business and may not resell, sublicense, lease or provide it as a service bureau without written permission;
• the Customer may not copy, modify, reverse engineer or attempt to derive source code, except to the limited extent such a restriction is prohibited by mandatory law;
• no ownership in the Service, software or documentation transfers to the Customer.

The Customer must provide accurate and current registration, contact and billing information. Accounts and User credentials are personal and may not be shared. The Customer must use reasonable security measures, keep login details confidential and promptly inform Kadesgo at info@kadesgo.com of suspected unauthorised access or a security incident.

Organisation administrators control User access, roles and permissions. They may invite or remove Users, cancel the organisation's subscription and request deletion of the organisation. The Customer is responsible for administrator choices, User actions under its account and timely removal of access when a User no longer requires it.

Kadesgo may rely on instructions from an authenticated organisation administrator. Kadesgo may request additional verification before carrying out an instruction that affects billing, ownership, security, an entire organisation or permanent deletion.

Kadesgo may offer a 30-day free trial without requiring a credit card. Unless an Order states otherwise, one trial is available per Customer. Kadesgo may refuse or end a trial in the event of misuse, duplicate registrations or a breach of the Agreement.

The trial does not automatically convert into a paid subscription. To continue using the Service after the trial, the Customer must actively select and purchase a paid plan. If the Customer does not do so, access ends when the trial expires and Customer Data is handled as described in section 16.

A paid subscription starts on the date shown in the Order and runs for the selected monthly or annual Subscription Term. At the end of each term, the subscription renews automatically for another period of the same length unless the Customer cancels it before the renewal date or Kadesgo gives notice that it will not renew.

An organisation administrator may cancel the subscription at any time through the available account controls or by contacting Kadesgo. Ordinary cancellation takes effect at the end of the then-current paid Subscription Term. The Customer retains access until that time, unless the Customer also requests immediate organisation deletion or the Service is suspended or terminated for cause.

Kadesgo may decide not to renew a subscription by giving at least 30 days' notice before the renewal date. If Kadesgo permanently discontinues the Service during a prepaid term for reasons unrelated to the Customer, Kadesgo will give at least 60 days' notice where reasonably possible and refund the prepaid fee for the unused period.

The Customer pays the price and currency displayed at checkout or stated in the Order. Fees are charged in advance for each monthly or annual Subscription Term and are exclusive of VAT and other taxes unless expressly stated otherwise. The Customer is responsible for taxes that apply to its purchase, other than taxes on Kadesgo's income.

Subscription payments are processed through Stripe. The Customer authorises Kadesgo and Stripe to charge the selected payment method for the initial term and each renewal. Stripe may apply its own payment-service terms and privacy notice.

Failed or overdue payments

If a payment fails, Stripe may retry the payment and Kadesgo will notify the Customer using the available contact details. The Customer has 14 calendar days after that notice to pay the outstanding amount or correct the payment method. If payment remains outstanding, Kadesgo may suspend access until payment is received. Statutory commercial interest and reasonable collection costs may be charged where permitted by law.

No refunds for started periods

Fees for a Subscription Term that has started are non-refundable and are not credited pro rata when the Customer cancels, stops using the Service or requests immediate deletion. Exceptions apply where mandatory law requires a refund, where these Terms and Conditions expressly provide one, or where Kadesgo agrees otherwise in writing. Statutory cloud-switching rights are addressed in section 16.

The Customer is responsible for its business processes, Customer Data, configuration, Users and use of outputs from the Service. The Customer must verify that the Service and its outputs are suitable and accurate for the Customer's intended purpose before relying on them.

The Customer and its Users must not:

• use the Service in violation of law, third-party rights or the Agreement;
• enter data without a valid legal basis, required notice or other necessary permission;
• upload malware, harmful code or content that is unlawful, deceptive, defamatory or infringing;
• gain or attempt to gain unauthorised access to accounts, data, systems or networks;
• circumvent security, access controls, User limits, rate limits or technical restrictions;
• perform penetration tests or vulnerability scans without Kadesgo's prior written permission;
• interfere with the integrity, security, performance or availability of the Service;
• send spam, unlawful marketing messages or communications using misleading sender information;
• use automated extraction, scraping or excessive requests that unreasonably burden the Service;
• use the Service to store special-category personal data or criminal-offence data unless this is lawful, necessary and protected by appropriate additional safeguards.

The Customer must cooperate with reasonable requests relating to security, abuse prevention, payment, a data-subject request or compliance with applicable law.

As between the parties, the Customer retains all rights in Customer Data. The Customer grants Kadesgo a limited right to host, copy, transmit, display and otherwise process Customer Data only as necessary to provide, secure, maintain and support the Service, comply with the Agreement and law, and follow the Customer's documented instructions.

The Customer is responsible for the lawfulness, quality, accuracy and integrity of Customer Data and for having all rights and permissions needed to use it. Kadesgo does not acquire ownership of Customer Data.

Kadesgo maintains rotating backups for service resilience. These backups are not a customer archive and are not intended for restoring individual records on request. The Customer should use the available export functions and maintain copies required for its own legal, operational and continuity purposes. Deleted active database data ages out of the normal backup cycle within a maximum of seven days, subject to section 16 and any mandatory legal retention.

When Kadesgo processes personal data contained in Customer Data on the Customer's behalf, the Customer is normally the controller and Kadesgo is the processor. The data processing agreement forms part of the Agreement and governs that processing. It takes precedence over these Terms and Conditions if there is a conflict about personal-data processing.

The Customer is responsible for giving required privacy information, identifying a valid legal basis, handling data-subject rights and issuing lawful instructions. Kadesgo will process personal data only on documented instructions, maintain appropriate technical and organisational safeguards, use subprocessors under the data processing agreement and provide the agreed assistance.

Kadesgo acts as an independent controller for its own account administration, billing, security, support and legal records. Further information is provided in the KadesGo Privacy Policy.

The Customer may use the customer-facing display to collect details, present its own documents or terms and record a customer's acceptance or digital signature. Kadesgo supplies the technical tool only. Kadesgo is not a party to agreements between the Customer and its customers.

• The Customer is responsible for the content, accuracy, version, timing and lawful presentation of its terms, notices and consent requests;
• the Customer must determine whether the chosen acceptance and signature method is appropriate for the transaction and jurisdiction;
• the Customer is responsible for verifying the identity and authority of the person signing where this is relevant;
• the Customer must preserve any additional evidence or records required for its business or by law.

Customer-generated invoices and records

The Service can generate invoices, receipts, labels and other documents from information entered or configured by the Customer. The Customer remains solely responsible for verifying amounts, invoice numbers, VAT treatment, business details, mandatory content, delivery and retention. Kadesgo does not provide accounting, tax or legal advice.

Email and customer communications

The Customer is responsible for the recipients, content, timing and legal basis of communications sent through the Service, including messages sent from the Customer's domain or with a KadesGo sender address. The Customer must not send spam or unlawful direct marketing. Delivery can depend on receiving systems and third-party email providers and therefore cannot be guaranteed.

99.9% monthly availability

For an active paid subscription, Kadesgo commits to availability of the core production Service of at least 99.9% per calendar month. Availability is calculated as: ((total minutes in the month minus Downtime minutes) divided by total minutes in the month) multiplied by 100.

Downtime means a material inability of the Customer's Users to access the core production Service because of a failure of the Service, lasting more than five consecutive minutes. If an incident exceeds five consecutive minutes, the full incident duration is counted. Availability is measured using Kadesgo's server-side monitoring, unless the Customer demonstrates a manifest measurement error.

Excluded time

Downtime does not include unavailability caused by:

• scheduled maintenance announced at least 48 hours in advance;
• emergency maintenance needed to address an urgent security, legal or stability risk;
• the Customer's devices, software, internet connection, configuration, integrations or acts or omissions;
• use contrary to the Agreement or documentation;
• a suspension permitted under the Agreement;
• beta, preview, demonstration or free-trial functionality;
• a force-majeure event as described in section 25.

Service credits

For an annual subscription, the applicable monthly fee is one twelfth of the annual subscription fee. To receive a credit, the Customer must email info@kadesgo.com within 30 days after the end of the affected calendar month, identify the organisation and relevant incidents, and provide reasonably requested information.

A credit is applied to a future Kadesgo subscription invoice, has no cash value and may not exceed one applicable monthly fee in aggregate for a calendar month. Except where mandatory law or the liability exceptions in section 23 require otherwise, service credits are the Customer's sole contractual remedy for failure to meet this availability commitment.

Ordinary export and cancellation

The Customer can use the export functions available in the Service, including CSV export for supported customer and ticket data. Unless mandatory switching rules provide otherwise, the Customer must complete its exports before the trial or subscription ends. On ordinary expiry or cancellation, active organisation data is deleted immediately after access ends and cannot be recovered through normal operations.

Statutory cloud switching

Where Chapter VI of the EU Data Act applies, an organisation administrator may ask Kadesgo in writing to assist with switching to another data-processing service, moving to on-premises infrastructure, or erasing exportable data. The notice period will not exceed two months. Kadesgo will cooperate in good faith, maintain contractual continuity during the switching process and aim to complete the transitional period within 30 calendar days from the agreed switching date. If this is technically unfeasible, Kadesgo will notify the Customer within the legally required period, explain why and state an alternative period that will not exceed the statutory maximum.

After the transitional period, Kadesgo will provide a retrieval period of at least 30 calendar days where required by the EU Data Act. During that period, access may be restricted to retrieval and exit assistance. The affected exportable data will be erased after the retrieval period, unless the Customer requests earlier erasure or law requires longer retention. Kadesgo does not charge a separate switching or data-egress fee.

Exportable data and formats

Subject to the Customer's plan and actual use, exportable data comprises the input and output data generated directly by the Customer's use of the Service in the following categories:

• organisation details, settings and User-role information, excluding credentials and security secrets;
• customer and contact records;
• tickets, repair and service records, statuses, dates, notes and custom-field values;
• product, service, category, price and catalogue data;
• appointments, calendar entries and reminders;
• invoice, receipt and label data created by the Customer in the Service, excluding Kadesgo's and Stripe's own billing records;
• ticket communications, comments and customer-entered information;
• signed agreements, signature records and generated PDFs;
• documents, images and other attachments uploaded by or for the Customer.

Structured data will be provided through available exports or, where legally required, in a commonly used, machine-readable format such as CSV or JSON. Files may be provided in their native or another commonly used format. Exportable data does not include Kadesgo software, algorithms, source code, internal analytics, fraud or security signals, infrastructure settings, authentication secrets, or data protected as Kadesgo's intellectual property or trade secrets where exclusion is permitted by law.

The Customer must provide timely instructions, reasonable cooperation and a secure destination. Kadesgo is not responsible for the compatibility, functionality or security of a destination service and is not required to recreate KadesGo functionality there. If a mandatory switching right results in early termination of a fixed term, prepaid fees for the period after effective termination will be handled as required by the EU Data Act; this does not alter the ordinary cancellation rule in section 9.

Backups, Users and statutory records

After active deletion, residual database data disappears from rotating Supabase backups within a maximum of seven days. Backups are isolated from normal use and may be retained longer only where strictly required by law or necessary to preserve evidence, in which case access remains restricted. Removing a User deletes that User's active authentication and profile data; business records belonging to the organisation do not automatically disappear solely because their author is removed.

Kadesgo retains its own invoices and other financial administration for seven years where required by Dutch tax law. Stripe may retain payment records under its own legal obligations. Those statutory records are not restored to an organisation account after deletion.

Kadesgo may perform maintenance and deploy updates to improve performance, security, legal compliance and functionality. Scheduled maintenance that may materially affect availability will be announced at least 48 hours in advance where reasonably possible. Emergency maintenance may be performed without advance notice.

Kadesgo may change the Service over time. During a paid Subscription Term, Kadesgo will not materially reduce the core functionality of the selected plan as a whole unless this is necessary for security, legal compliance or circumstances outside Kadesgo's reasonable control, or unless Kadesgo provides a substantially comparable alternative.

Support and personal setup assistance are provided on a reasonable-efforts basis through the channels made available by Kadesgo. No specific response or resolution time applies unless the parties agree one in writing. Support does not include legal, tax, accounting, data-entry or custom-development services.

Kadesgo uses third-party infrastructure and service providers, including providers for hosting, databases, security, email and payments. Kadesgo remains responsible for its own obligations under the Agreement, but third-party components and networks can affect the operation of the Service.

A Customer's direct use of Stripe, an external integration or another third-party service may be subject to separate terms from that provider. Kadesgo is not responsible for a third-party service selected, configured or contracted directly by the Customer, or for changes that third party makes to its service.

Kadesgo and its licensors retain all intellectual-property and other rights in the Service, software, design, documentation, APIs, templates, trademarks and improvements. Except for the limited right of use in section 5, no right is granted to the Customer.

The Customer retains its rights in Customer Data, its own branding and its own terms and documents. If the Customer provides feedback or suggestions, Kadesgo may use them without restriction or payment, provided Kadesgo does not disclose the Customer's confidential information or identify the Customer publicly without permission.

If Kadesgo reasonably believes the authorised use of the Service infringes a third party's intellectual-property right, Kadesgo may obtain the right to continue use, modify or replace the affected part with a substantially equivalent alternative, or terminate that part and refund any prepaid fee for its unused period. This does not apply to claims caused by Customer Data, Customer instructions, unauthorised modifications, combinations not supplied by Kadesgo or use in breach of the Agreement.

Each party must keep the other party's non-public business, technical, security and commercial information confidential, use it only to perform or exercise rights under the Agreement and protect it with at least reasonable care. Customer Data is the Customer's confidential information.

Confidentiality does not apply to information that the receiving party can show was already lawfully known, becomes public without breach, is independently developed, or is lawfully received from a third party without a confidentiality duty. A party may disclose information to personnel, advisers and subprocessors who need it and are bound by appropriate confidentiality duties.

If disclosure is legally required, the receiving party may disclose only what is required and, where lawful, will give advance notice so the other party can seek protection. These confidentiality obligations continue for five years after the Agreement ends, and for trade secrets and personal data for as long as they remain protected by law.

Suspension

Kadesgo may suspend all or part of the Service if reasonably necessary to prevent or address a material security risk, unlawful use, harm to the Service or third parties, non-payment after the 14-day cure period, or another material breach. Where reasonably possible, Kadesgo will notify the Customer, limit the suspension in scope and duration, and restore access once the reason has been resolved.

Termination for cause

Either party may terminate the Agreement if the other party materially breaches it and does not remedy that breach within 14 calendar days after written notice. A party may terminate immediately if a breach cannot be remedied, unlawful or dangerous use requires immediate action, repeated breaches make continuation unreasonable, or the other party enters bankruptcy or insolvency proceedings, to the extent permitted by law.

Termination does not affect rights and payment obligations accrued before the effective date. Provisions that by their nature should continue, including confidentiality, intellectual property, payment, data deletion, liability, governing law and dispute provisions, survive termination.

Kadesgo will provide the Service with reasonable care and skill and will use reasonable efforts to keep the paid Service materially consistent with its documentation and the availability commitment. If the Customer reports a reproducible material defect, Kadesgo will use reasonable efforts to correct it, provide a workaround or reperform the affected service.

Cloud software may contain minor errors and depends on internet connectivity, third-party networks and the Customer's environment. Kadesgo does not warrant that the Service will always be uninterrupted or error-free, that every defect will be corrected immediately, or that the Service will meet requirements that were not expressly agreed.

The Customer remains responsible for evaluating the Service, configuring it appropriately, checking outputs and maintaining business-continuity procedures. Information and templates made available through the Service are not legal, tax or accounting advice. Beta, preview and free-trial functionality is provided on an as-available basis. Nothing in this section excludes a warranty that cannot lawfully be excluded.

Each party is liable for direct loss caused by an attributable breach of the Agreement, subject to this section. Direct loss includes reasonable costs to establish the cause and extent of the breach, prevent or limit direct loss, and restore Customer Data where restoration is technically possible.

Neither party is liable for indirect or consequential loss, including lost profit, lost revenue, lost savings, loss of goodwill, missed business opportunities or business interruption, or for loss or corruption of data other than reasonable restoration costs treated as direct loss. This exclusion applies regardless of the legal basis of the claim.

Kadesgo's total aggregate liability arising from or relating to the Agreement is limited to the fees paid or payable by the Customer for the affected Service during the 12 months immediately before the event giving rise to liability. If the event occurs during a free trial before any fee is payable, the cap is the then-current standard fee for one month of the relevant paid plan. Related events are treated as one event.

The exclusions and caps do not apply to liability that cannot be limited under mandatory law, or to loss caused by intent or deliberate recklessness of Kadesgo's management. They also do not limit the Customer's obligation to pay agreed fees or either party's responsibility for infringement of the other party's intellectual-property rights. Each party must take reasonable steps to mitigate loss and notify the other without unreasonable delay after becoming aware of a potential claim.

The Customer will indemnify Kadesgo against a third-party claim, regulatory demand, damage and reasonable external legal cost to the extent caused by Customer Data, the Customer's terms or communications, or use of the Service in violation of law, third-party rights or the Agreement. This obligation does not apply to the extent the claim was caused by Kadesgo's breach or unauthorised alteration of Customer Data.

Kadesgo must notify the Customer promptly of a claim, provide reasonable cooperation at the Customer's expense and allow the Customer to control the defence and settlement. The Customer may not agree to a settlement that admits fault by Kadesgo, requires Kadesgo to pay an unindemnified amount or imposes a continuing obligation on Kadesgo without Kadesgo's prior written consent.

Force majeure

Neither party is liable for delay or failure caused by an event outside its reasonable control that could not reasonably have been prevented or overcome. This may include natural disasters, war, government action, widespread power or telecommunications failure, labour disputes, and major cyberattacks despite appropriate safeguards. A supplier failure qualifies only to the extent it meets the same test. Payment obligations already due are not excused.

The affected party will notify the other where reasonably possible and take reasonable steps to reduce the impact. If a force-majeure event materially prevents the paid Service for more than 60 consecutive days, either party may terminate the affected subscription by written notice. Kadesgo will then refund prepaid fees for the unused period.

Changes to terms and prices

Kadesgo may update these Terms and Conditions or subscription prices. Material changes that disadvantage an existing Customer and price changes will be notified at least 30 days in advance and normally take effect at the next renewal. The Customer may cancel before that renewal. Changes required urgently by law or security may take effect sooner, but Kadesgo will give as much notice as reasonably possible.

The version accepted for the current Subscription Term continues to apply until a notified change takes effect. Kadesgo will not use a change clause to remove accrued rights or retroactively alter fees.

General provisions

• Neither party may assign the Agreement without the other's written consent, which will not be unreasonably withheld. Kadesgo may assign it to a successor in connection with a merger, reorganisation or transfer of the Service, provided the Customer's material rights are not reduced;
• Kadesgo may use subcontractors and subprocessors while remaining responsible for its obligations as stated in the Agreement and data processing agreement;
• the Agreement is the entire agreement about its subject and replaces earlier proposals or communications about that subject;
• a failure or delay in exercising a right is not a waiver;
• if a provision is invalid or unenforceable, it will be limited or replaced to the minimum extent necessary and the remaining provisions continue;
• the parties are independent contractors. The Agreement does not create a partnership, agency, employment relationship or exclusive arrangement.

Notices

Operational and contractual notices may be sent electronically. Kadesgo may use the email address registered for the organisation. The Customer must keep that address current. Legal notices to Kadesgo must be sent to info@kadesgo.com and should identify the organisation and the subject clearly.

Governing law and disputes

The Agreement is governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The parties will first try in good faith to resolve a dispute through consultation. If that does not resolve the dispute within 30 days after written notice, the competent court of the District Court of Oost-Brabant, the Netherlands, has exclusive jurisdiction, unless mandatory law requires another forum.

Language

These Terms and Conditions are available in Dutch and English. The English version is a translation for convenience. If the versions conflict, the Dutch version prevails, unless mandatory law requires otherwise.