Terms of Service

Last updated: 2025-11-19

1. Introduction

Welcome to Kimshi Ltd (“Service”, “Platform”). These Terms of Service (“Terms”) form a legally binding agreement between you (“Customer”, “User”) and Kimshi Ltd (“we”, “us”, “our”), a business registered in the United Kingdom.

By creating an account or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

2. Description of the Service

The Platform provides business tools including website building, hosting, content editing, scheduling, bookings, client management, staff management, and inventory tools (“Services”).

3. Account Registration

You must:

• Be legally authorised to represent your business.
• Provide accurate information.
• Keep your login credentials secure.

You agree explicitly to these Terms upon signup.

4. Paddle as Merchant of Record

Subscription billing is processed via Paddle.com, which acts as Merchant of Record. Paddle manages:

• Payments
• Taxes (VAT/GST/Sales tax)
• Refunds
• Compliance with regional billing laws

Your agreement with Paddle may include additional terms at checkout.

5. Refund Policy

All subscription fees are non-refundable. By subscribing, you acknowledge that:

• Infrastructure and AWS resources are provisioned immediately upon activation.
• These resources incur real costs from day one of your subscription.
• We cannot recover costs for resources already consumed.

Cancellation: You may cancel your subscription at any time. Access will continue until the end of your current billing period, but no refund will be issued for the remaining time.

Exceptional Circumstances: Refunds may be considered at our sole discretion only in cases of:

• Prolonged service unavailability (72+ consecutive hours) caused by our infrastructure.
• Billing errors or duplicate charges processed by Paddle.

All billing is handled by Paddle.com as Merchant of Record. For billing disputes, contact support@kimshiltd.com or Paddle directly via your billing dashboard.

Data Export: Upon cancellation or account closure, you are responsible for exporting your data. Data may be deleted in accordance with our retention policy.

6. Customer Responsibilities

You agree:

• Not to misuse the platform.
• Not to upload unlawful, harmful, or infringing content.
• To comply with all data protection laws that apply to your business.

You are responsible for:

• Collecting data lawfully from your own clients.
• Responding to data requests from your clients.
• Ensuring your business usage complies with applicable regulations.

7. User Responsibility for Uploaded Content

You are solely responsible for all content, files, images, data, and materials uploaded or stored on the Platform.

You must ensure:

• All uploads comply with applicable laws.
• You have obtained all rights, permissions, and consents.
• Content does not violate the Acceptable Use Policy.

We do not endorse, monitor, or actively review user content and have no obligation to do so. Absence of action on our part does not constitute approval.

8. No Monitoring Obligation

We are not required to monitor user content and are not liable for failing to detect prohibited or unlawful material. We may remove or disable access to any content at our sole discretion and without liability.

9. Our Role as Service Provider

We act purely as a technology provider. You retain full responsibility for:

• The personal data you collect from your clients
• The accuracy of your content
• Regulatory compliance for your industry

10. Acceptable Use

Users must not:

• Abuse or attack the platform
• Upload malicious files
• Attempt to access other users’ data
• Violate intellectual property rights

See the full Acceptable Use Policy for more detail.

11. Data Protection & Privacy

We act as:

• Data Controller for personal data you provide directly to us (e.g., your account email)
• Data Processor for data you store in the Platform relating to your customers and staff

Data is primarily stored in AWS eu-west-1 and eu-west-2, with certain infrastructure operating in us-east-1 and globally via CloudFront.

See our Privacy Policy and Data Processing Agreement.

12. Service Availability

We use AWS cloud infrastructure. While we aim for high availability, the Platform may be interrupted due to maintenance, outages, or third-party issues.

No uptime guarantee is provided unless stated otherwise in a separate SLA.

13. Intellectual Property

All platform code, features, designs, and trademarks remain ours. You retain ownership of content you upload.

14. Termination

We may suspend or terminate accounts for:

• Breaches of these Terms
• Payment failures
• Security concerns

You may terminate at any time through your account settings.

15. Indemnity

You agree to indemnify and hold us harmless against claims arising from:

• Content you upload or process
• Violation of these Terms or the Acceptable Use Policy
• Unlawful or harmful activities conducted using the Platform

16. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages.
• Our total liability shall not exceed the amount paid by you in the previous 12 months.

17. Governing Law

These Terms are governed by the laws of Scotland.

18. Contact

For questions, contact: support@kimshiltd.com