Terms of Service

1. Acceptance of Terms

By accessing or using the Kabaido CPQ platform, website, API, or any associated services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Kabaido provides a cloud-based Configure, Price, Quote (CPQ) platform designed for precision manufacturers, including tooling manufacturers, job shops, and OEMs. The Service includes:

• Product configurators (standard and specialised)
• Dynamic pricing engines based on real manufacturing costs
• Professional quote generation and pipeline management
• Optional add-on modules: Manufacturing Operating System (MOS), Self-Service Portal (SSP), Intelligent Quoting Agent (IQA), and Product Catalog Management (PCM)
• Integration capabilities with ERP, CRM, accounting, and manufacturing systems, managed by our integration agent SAM

We may update, modify, or discontinue features of the Service at any time. Material changes to core functionality will be communicated with reasonable advance notice.

3. Account Registration

To access the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorised use of your account
• Accept responsibility for all activities that occur under your account

Kabaido plans include unlimited users at no per-seat cost. You are responsible for managing user access and permissions within your organisation's account.

4. Free Tier and Trial Use

Kabaido offers a free tier for evaluation purposes with limited quote volume, configurators, and features. Free-tier accounts are provided "as is" without service level guarantees. We reserve the right to modify or discontinue the free tier at any time. To move to production use, a paid subscription and onboarding setup by the Kabaido team is required.

5. Subscription and Payment

Paid access to the Service operates on a subscription model consisting of:

• Year 1 setup cost: Covers platform configuration, product rule setup, pricing logic implementation, system integration, data migration, and onboarding training
• Ongoing monthly fee: Covers continued platform access, updates, support, and integration monitoring after the initial 12-month period
• Add-on modules: Priced independently and can be activated at any time

All fees are invoiced according to the payment schedule agreed during onboarding. We reserve the right to modify pricing with at least 30 days' written notice. Price changes do not apply retroactively to existing billing periods.

6. Your Data

You retain all rights and ownership of any data you upload, create, or generate through the Service, including but not limited to product configurations, pricing rules, quotes, customer records, machine data, and manufacturing parameters ("Your Data"). Kabaido does not claim ownership over Your Data.

You grant Kabaido a limited licence to host, process, and display Your Data solely to provide the Service to you. We will not access Your Data except to provide the Service, prevent or address technical issues, or as required by law.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulations
• Attempt to gain unauthorised access to the Service, other accounts, or underlying systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Use the Service to transmit harmful code, malware, or malicious content
• Resell, sublicense, or make the Service available to third parties without written consent
• Use automated tools to scrape, crawl, or extract data from the Service beyond normal API usage

8. Intellectual Property

The Service - including all software, algorithms, user interfaces, designs, documentation, branding, and content - is owned by Kabaido and protected by international copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you beyond the limited licence to use the Service during your subscription.

9. Integrations and Third-Party Services

The Service may integrate with third-party platforms including ERP systems (SAP, Oracle, Dynamics, Epicor, Infor), CRM systems (Salesforce, HubSpot, Pipedrive, Zoho), accounting software (QuickBooks, Xero, Sage, FreshBooks), and manufacturing systems. These integrations are provided for convenience. Kabaido is not responsible for the availability, accuracy, or policies of third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

10. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free access. Scheduled maintenance will be communicated in advance where practicable. We are not liable for any downtime, data delays, or service interruptions, including those caused by factors outside our reasonable control.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Kabaido shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, whether arising from contract, tort, negligence, or any other legal theory, even if Kabaido has been advised of the possibility of such damages.

Kabaido's total aggregate liability for any claims arising from or related to the Service shall not exceed the total fees paid by you to Kabaido in the twelve (12) months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless Kabaido, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

Either party may terminate the subscription in accordance with the terms of the applicable subscription agreement. Kabaido may suspend or terminate your access immediately if you breach these Terms. Upon termination:

• Your right to use the Service ceases immediately
• You may request export of Your Data within 30 days of termination, after which Kabaido may delete Your Data
• Sections relating to intellectual property, limitation of liability, indemnification, and governing law survive termination

14. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through the Service with at least 14 days' notice. The updated Terms will be posted on this page with a revised "Last updated" date. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Contact Us

If you have any questions about these Terms of Service, please contact us at hello@kabaido.com.