Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Kesi ("Company," "we," "us," or "our") governing your access to and use of our legal SaaS platform, including all features, functionality, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service. If you are entering into these Terms on behalf of a law firm, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms.

We reserve the right to modify these Terms at any time. Material changes will be communicated to you through the Service or via email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Description of Service

Kesi is a cloud-based legal practice management platform designed for law firms and legal professionals. The Service includes, but is not limited to:

• Case and matter management
• Client relationship management
• Document storage and management
• Time tracking and billing
• Invoice generation and payment processing
• Calendar and deadline management
• Team collaboration tools
• Client portal access

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We do not guarantee that the Service will be available at all times or that it will be error-free.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must:

• Create an account by providing accurate, current, and complete information
• Maintain and promptly update your account information
• Be at least 18 years of age and have the legal capacity to enter into contracts
• Be a licensed legal professional or authorized representative of a law firm (where applicable)

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Using strong, unique passwords and enabling two-factor authentication when available
• Immediately notifying us of any unauthorized access or security breach
• Ensuring that all users within your organization comply with these Terms

We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our Privacy Policy
• You engage in fraudulent, illegal, or harmful activities
• You fail to pay applicable fees
• We determine that your use of the Service poses a security risk
• Required by law or court order

4. Data Protection and Privacy

4.1 End-to-End Encryption

Our Service employs end-to-end encryption to protect your legal data and documents:

• All legal documents, case information, and client data are encrypted before transmission and storage
• We cannot access, read, or view your encrypted data
• Only authorized users with proper decryption keys can access the data
• You are responsible for maintaining the security of your decryption keys

4.2 No AI Training

We explicitly state that:

• Your documents, legal data, and case information are NEVER used for AI training, machine learning, or any automated system training purposes.
• We do not analyze, process, or use your legal content for any purpose other than providing the Service
• Due to end-to-end encryption, we do not have visibility into your document contents

4.3 GDPR Compliance

We are committed to compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Our data practices are detailed in our Privacy Policy, which forms part of these Terms.

4.4 Your Data Ownership

You retain all ownership rights to your data. You grant us a limited license to:

• Store and process your data to provide the Service
• Perform backups and ensure data availability
• Comply with legal obligations

This license terminates when you delete your account or data, subject to our data retention obligations.

5. Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to:

• Use the Service in compliance with all applicable laws and regulations
• Maintain professional standards and ethical obligations as a legal professional
• Respect the intellectual property rights of others
• Protect the confidentiality of client information in accordance with attorney-client privilege

5.2 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Violate any laws, regulations, or professional rules of conduct
• Infringe upon intellectual property rights, privacy rights, or other rights of others
• Upload, transmit, or store malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or attempt to extract source code
• Use automated systems (bots, scrapers) to access the Service without authorization
• Share your account credentials with unauthorized persons
• Use the Service to store or process data in violation of export control laws

5.3 Professional Responsibility

As a legal professional, you are responsible for:

• Maintaining attorney-client privilege and confidentiality
• Complying with all applicable bar rules and professional ethics requirements
• Ensuring that your use of the Service complies with your jurisdiction's rules regarding technology and data security
• Obtaining necessary client consents for storing client information in the Service

6. Intellectual Property Rights

6.1 Service Ownership

The Service, including all software, designs, text, graphics, logos, and other content, is owned by Kesi or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

6.2 Your Content

You retain all ownership rights to your data, documents, and content uploaded to the Service. By uploading content, you represent and warrant that:

• You own or have the necessary rights and permissions to use and store the content
• The content does not infringe upon any third-party rights
• The content complies with all applicable laws and professional ethics rules

6.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

7. Billing and Payment

7.1 Subscription Fees

Access to the Service requires payment of subscription fees as specified in your selected plan. Fees are:

• Charged in advance on a recurring basis (monthly or annually)
• Non-refundable except as required by law or as specified in our refund policy
• Subject to change with 30 days' notice
• Exclusive of applicable taxes, which you are responsible for paying

7.2 Payment Processing

Payments are processed through third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method for all fees.

7.3 Failed Payments

If payment fails, we may:

• Suspend or terminate your account
• Charge applicable late fees or interest
• Engage collection services

7.4 Refunds

Refund policies are specified in your subscription plan. Generally, fees are non-refundable, but we may provide refunds at our discretion or as required by law.

7.5 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Service until the end of the paid period.

8. Service Availability and Modifications

8.1 Availability

We strive to provide reliable Service availability but do not guarantee:

• Uninterrupted or error-free operation
• That the Service will meet all your requirements
• That defects will be corrected

8.2 Maintenance and Updates

We may perform scheduled or emergency maintenance that may temporarily interrupt Service availability. We will provide reasonable notice of scheduled maintenance when possible.

8.3 Service Modifications

We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that may affect your use of the Service.

9. Third-Party Services and Integrations

The Service may integrate with or link to third-party services, applications, or websites. We are not responsible for:

• The availability, accuracy, or content of third-party services
• Your interactions with third-party services
• Data practices of third-party service providers

Your use of third-party services is subject to their respective terms and conditions and privacy policies.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

10.2 Legal Advice Disclaimer

THE SERVICE IS A TECHNOLOGY PLATFORM AND DOES NOT CONSTITUTE LEGAL ADVICE. WE ARE NOT A LAW FIRM AND DO NOT PROVIDE LEGAL SERVICES. YOU ARE RESPONSIBLE FOR ALL LEGAL DECISIONS AND ACTIONS TAKEN IN CONNECTION WITH YOUR USE OF THE SERVICE.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KESI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT
• DAMAGES RESULTING FROM YOUR FAILURE TO MAINTAIN ACCOUNT SECURITY

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10.4 Data Loss

While we implement robust backup and security measures, you are responsible for maintaining your own backups of critical data. We are not liable for data loss resulting from:

• Your failure to maintain account security
• Loss of decryption keys
• Your deletion of data
• Force majeure events

11. Indemnification

You agree to indemnify, defend, and hold harmless Kesi, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your infringement of any third-party rights
• Content you upload or transmit through the Service

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Using account deletion features in the Service
• Contacting us at hello@kesihq.com

12.2 Termination by Us

We may terminate or suspend your account immediately if:

• You breach these Terms
• You fail to pay applicable fees
• We determine your use poses a security or legal risk
• Required by law or court order

12.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You may export your data (subject to our data retention policies)
• We may delete your account and data in accordance with our Privacy Policy
• Provisions that by their nature should survive will survive (e.g., indemnification, disclaimers)

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

13.2 Dispute Resolution Process

Before filing a claim, you agree to:

1. Contact us at hello@kesihq.com to attempt to resolve the dispute informally
2. If informal resolution fails, participate in good faith in mediation
3. If mediation fails, disputes will be resolved through binding arbitration in accordance with [Arbitration Rules], except where prohibited by law

13.3 Class Action Waiver

You agree that disputes will be resolved individually and waive any right to participate in class actions or representative proceedings.

13.4 Exceptions

The above dispute resolution provisions do not apply to:

• Claims for injunctive relief
• Intellectual property disputes
• Claims where arbitration is prohibited by law

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kesi regarding the Service and supersede all prior agreements.

14.2 Severability

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

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

14.4 Assignment

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

14.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

14.6 Notices

Notices to you may be sent via email to the address associated with your account or displayed in the Service. Notices to us should be sent to legal@kesihq.com.

15. Contact Information

If you have questions about these Terms, please contact us: