Terms of Service

To use the Service as a Business User, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.

You are responsible for maintaining the confidentiality of your account credentials, including phone numbers, passwords, and staff PIN codes. You are responsible for all activity that occurs under your account, whether or not you authorized it.

You must notify us immediately at info@kaibooking.com of any unauthorized access or use of your account.

The Service does not require Booking Customers to create an account. By providing your information through the booking flow, you represent that the information is accurate and that you have the legal capacity to enter into a booking.

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

The Service is intended for users located in the United States. We make no representation that the Service is appropriate or available in any other location.

Kai Booking is currently offered to Business Users at no charge. We reserve the right to introduce fees, subscription plans, or other charges in the future. We will provide reasonable advance notice before introducing any fees, and your continued use of the Service after the effective date of any fee constitutes acceptance of those fees.

The Service does not process payments between Booking Customers and Business Users. Payment for services rendered occurs directly between the customer and the business. We are not a party to any such transaction and have no responsibility for its terms, performance, or any disputes arising from it.

The Service, including all software, content, graphics, designs, trademarks, service marks, logos, and other intellectual property, is owned by or licensed to Nostos, LLC, and is protected by United States and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service in accordance with these Terms. This license does not include any right to:

• Modify, copy, distribute, or create derivative works of the Service
• Use the Service for any commercial purpose other than as a Business User operating your own business
• Use any trademark, logo, or branding of Nostos or Kai Booking without our prior written consent
• Frame or mirror any part of the Service
• Use any data mining, robots, scraping, or similar automated data-gathering methods on the Service

All rights not expressly granted are reserved.

If you are a Business User, you retain ownership of the content you submit to the Service, including service descriptions, business photographs, staff profiles, and other materials ("Your Content").

By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display Your Content solely for the purpose of operating, promoting, and improving the Service. You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not infringe any third party's intellectual property, privacy, or other rights
• Your Content complies with these Terms and applicable law

Information provided by Booking Customers is collected on behalf of the relevant business and is processed in accordance with our Privacy Policy. We do not claim ownership of Booking Customer information.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without obligation, attribution, or compensation to you.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WE MAKE NO WARRANTY OR REPRESENTATION THAT:

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
• BOOKINGS MADE THROUGH THE SERVICE WILL BE COMPLETED, HONORED, OR FREE OF ERROR
• DATA WILL BE PRESERVED, DELIVERED, OR FREE OF LOSS, CORRUPTION, OR DELAY
• ANY ERRORS IN THE SERVICE WILL BE CORRECTED
• COMMUNICATIONS SENT THROUGH OR USING THE SERVICE WILL BE DELIVERED OR DELIVERED ON TIME

WE DO NOT GUARANTEE ANY LEVEL OF UPTIME, AVAILABILITY, OR PERFORMANCE. THE SERVICE IS NOT INTENDED FOR USE IN ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE OR FOR ANY APPLICATION WHERE FAILURE COULD RESULT IN INJURY OR DAMAGE.

WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE COMMERCIAL SUCCESS OF YOUR BUSINESS, THE NUMBER OF CUSTOMERS YOU WILL ATTRACT, THE REVENUE YOU WILL GENERATE, OR ANY OTHER BUSINESS OUTCOME. ANY EXAMPLES OR DEMONSTRATIONS OF BUSINESS RESULTS ARE ILLUSTRATIVE ONLY AND NOT GUARANTEES.

THE SERVICE AND ANY CONTENT WITHIN IT DO NOT CONSTITUTE TAX ADVICE, LEGAL ADVICE, ACCOUNTING ADVICE, EMPLOYMENT LAW ADVICE, REGULATORY COMPLIANCE ADVICE, OR ANY OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS BEFORE MAKING BUSINESS DECISIONS. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR DECISIONS YOU MAKE BASED ON THE SERVICE.

WE ARE A SOFTWARE VENDOR. WE ARE NOT RESPONSIBLE FOR THE GOODS OR SERVICES PROVIDED BY ANY BUSINESS USER, FOR ANY APPOINTMENT, FOR THE ACCURACY OR LEGALITY OF ANY BUSINESS LISTING, FOR ANY DISPUTE BETWEEN A BUSINESS USER AND A BOOKING CUSTOMER, FOR ANY DISPUTE BETWEEN A BUSINESS USER AND ITS EMPLOYEES OR CONTRACTORS, OR FOR ANY DISPUTE BETWEEN ANY USER AND ANY THIRD PARTY.

WE ARE NOT RESPONSIBLE FOR ANY ACT OR OMISSION BY A BUSINESS USER, INCLUDING WITHOUT LIMITATION DECISIONS REGARDING SERVICE OFFERINGS, PRICING, EMPLOYMENT MATTERS, TAX COLLECTION, REGULATORY COMPLIANCE, OR CUSTOMER RELATIONS.

YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION, WARRANTY, OR STATEMENT NOT EXPRESSLY SET FORTH IN THESE TERMS. ANY MARKETING MATERIALS, COMMUNICATIONS, DEMONSTRATIONS, OR OTHER STATEMENTS ABOUT THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CREATE ANY OBLIGATION OR WARRANTY ON OUR PART.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOSTOS, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION:

• LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES
• LOSS OF DATA OR COSTS OF DATA RECONSTRUCTION
• BUSINESS INTERRUPTION OR DOWNTIME COSTS
• COSTS OF SUBSTITUTE GOODS OR SERVICES
• LOSS OF GOODWILL OR REPUTATION
• LOSS OF CUSTOMERS OR APPOINTMENTS
• DAMAGES ARISING FROM SMS MESSAGES NOT DELIVERED OR DELIVERED LATE
• DAMAGES ARISING FROM BOOKINGS NOT COMPLETED OR INACCURATELY COMPLETED

THIS EXCLUSION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE NUMBER OF CLAIMS OR THE THEORY OF LIABILITY, WILL NOT EXCEED:

• TWO HUNDRED US DOLLARS ($200) for Business Users
• TWENTY US DOLLARS ($20) for Booking Customers

THIS CAP APPLIES IN AGGREGATE ACROSS ALL CLAIMS AND ACROSS ANY PERIOD OF TIME. THIS CAP IS A FIXED MAXIMUM AND IS NOT INCREASED BY THE PASSAGE OF TIME OR BY THE PAYMENT OF ANY FEES.

THESE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND WILL SURVIVE TERMINATION, EXPIRATION, OR RESCISSION OF THESE TERMS.

EXCEPT TO PROTECT INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION (AS DESCRIBED IN SECTION 13.4), YOU AGREE NOT TO SEEK ANY INJUNCTIVE OR EQUITABLE RELIEF AGAINST US, AND YOU AGREE THAT MONETARY DAMAGES (SUBJECT TO THE LIMITATIONS IN THIS SECTION 10) ARE THE EXCLUSIVE REMEDY FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS BY US.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF SUCH A LIMITATION CANNOT LAWFULLY APPLY TO YOU, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Before initiating any arbitration or other proceeding, you agree to provide us with written notice of the dispute by sending detailed information to info@kaibooking.com. The notice must include your name, contact information, a description of the dispute, the specific relief sought, and any supporting documentation. You agree to negotiate in good faith with us for at least ninety (90) days from the date of the notice before initiating any arbitration.

This pre-dispute notice and good-faith negotiation period is a mandatory prerequisite to any arbitration or proceeding. Failure to comply will be grounds for dismissal.

You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between us ("Dispute") will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if those rules do not apply, its Commercial Arbitration Rules) then in effect.

The arbitration will be conducted by a single arbitrator in King County, Washington, or via video or telephone if the AAA permits and the parties agree. The arbitrator's decision will be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration provision.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate or join more than one person's claims, may not preside over any form of consolidated, mass, class, or representative proceeding, and may not award relief to or on behalf of anyone other than the individual party seeking relief.

Neither you nor we may join, consolidate, or coordinate any claim with any third party, including any spouse, family member, business partner, employee, contractor, or other associated person. Each Dispute must be brought and resolved on a strictly individual basis.

If any provision of this Section 13.3 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration agreement will continue in full force, except that if the class, collective, or representative action waiver is found unenforceable in whole or in part, the entire Section 13 will be null and void as to the affected claim only and that claim must proceed in court subject to the venue provisions of Section 13.6.

Notwithstanding the above:

• Either party may bring an individual action in small-claims court for any Dispute that qualifies for that court's jurisdiction
• Either party may seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality, trade secrets, or unauthorized access to the Service
• Nothing in this Section 13 prevents either party from seeking emergency relief from a court to preserve the status quo pending arbitration

In any arbitration or judicial proceeding arising out of or relating to these Terms, the prevailing party will be entitled to recover its reasonable attorneys' fees, expert fees, and costs, in addition to any other relief awarded. This provision is intended to apply to the fullest extent permitted by applicable law. To the extent applicable law prohibits this fee-shifting in any consumer context, this provision will be enforced only as permitted by law.

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws principles. For any Dispute not subject to arbitration (including any Dispute that proceeds in court because the arbitration agreement is found unenforceable), you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington, and waive any objection to such jurisdiction or venue.

We will not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, civil or military authority, fire, flood, earthquake, accident, strikes, labor disputes, internet or telecommunications failures, denial-of-service attacks, cyberattacks, pandemics, government action, regulatory action, or shortages of utilities, transportation, materials, or supplies.

We may update these Terms from time to time. When we make material changes, we will notify registered Business Users by email and post the updated Terms at https://www.kaibooking.com/terms with a new "Last Updated" date.

Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, communications, and representations, whether written or oral. You acknowledge that you have not relied on any statement, promise, or representation not expressly contained in these Terms.

If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to render it enforceable while preserving the parties' original intent.

The following provisions survive termination, expiration, or rescission of these Terms: Section 4 (Fees and Payment), Section 8 (Intellectual Property), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Time Limit on Claims), Section 12 (Indemnification), Section 13 (Dispute Resolution; Arbitration; Class Action Waiver), and Section 14 (General Provisions). Any other provision that by its nature should survive termination will also survive.

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. No waiver will be effective unless in writing and signed by an authorized representative of Nostos, LLC.

You may not assign or transfer these Terms or any rights or obligations under them, whether by operation of law or otherwise, without our prior written consent. Any unauthorized assignment is null and void. We may assign these Terms, in whole or in part, without restriction or notice.

Nothing in these Terms creates any agency, partnership, joint venture, employment, fiduciary, franchise, or similar relationship between you and us.

These Terms are for the sole benefit of you and us and our respective successors and permitted assigns. There are no third-party beneficiaries to these Terms.

We may provide notices to you via the email address associated with your account, by posting on the Service, or by other reasonable means. You must provide notices to us at info@kaibooking.com or by mail at:

Nostos, LLC
2265 116th Ave NE
Bellevue, WA 98004

Section headings are for convenience only and do not affect the interpretation of these Terms.

You agree to comply with all applicable export and re-export control laws, including the U.S. Export Administration Regulations and sanctions administered by the Office of Foreign Assets Control.

These Terms are the result of negotiation between sophisticated parties and will not be construed against the drafter.

For questions about these Terms, please contact us:

Nostos, LLC
2265 116th Ave NE
Bellevue, WA 98004
Email: info@kaibooking.com