Terms of Service

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement entered into between Kiko.one, Inc. ("Kiko", "we", "our", or "us") and the customer or organization ("Customer", "you", or "Subscriber") executing an Order Form or creating a self-service tenant account.

If you do not agree with all terms and conditions set forth herein, you must refrain from creating an account or accessing our cloud infrastructure.

Kiko.one delivers a unified software-as-a-service (SaaS) business operating system consisting of modular services, including:

• Kiko HRMS: Employee directories, leave management, automated payroll generation, time tracking, and performance workflows.
• Kiko Sales & CRM: Lead scoring, sales pipelines, omnichannel communication logs, deal velocity analytics, and contact management.
• Workflow Engine & Integrations: Interconnected business automation, third-party webhook relays, and centralized reporting dashboards.

We continuously upgrade and optimize our Services. Kiko reserves the right to introduce feature enhancements or deprecate legacy APIs with reasonable advance notice.

To use the Services, Customer must provision an authorized administrative account. Customer agrees to:

• Provide accurate, verifiable corporate registration and contact credentials.
• Maintain the confidentiality of administrative API keys, OAuth client secrets, and user passwords.
• Enforce Multi-Factor Authentication (MFA) for privileged users where supported by the plan.
• Promptly notify Kiko at legal@kiko.one upon discovering any unauthorized session access or credential compromise.

All stated pricing excludes applicable sales tax, VAT, or local governmental levies, which will be invoiced to Customer as required by law.

If Customer registers for a free trial or evaluates preliminary "Beta" features, Kiko provides such access strictly on an "AS-IS" and "AS AVAILABLE" basis, without operational warranties, uptime SLAs, or indemnity coverage. Customer may terminate beta evaluations at any time.

• Customer Data Ownership: As between the parties, Customer retains all right, title, and ownership in all business data, employee records, leads, and assets uploaded to the Services ("Customer Data").
• Kiko Intellectual Property: Kiko retains all right, title, and interest in and to the platform codebase, user interfaces, branding, software engines, and all improvements thereof.
• Limited Service License: Customer grants Kiko a limited, non-exclusive license to host, copy, transmit, and display Customer Data solely to the extent necessary to provide the contracted Services.

Customer agrees not to misuse or permit any third party to misuse the Services. Prohibited conduct includes:

Kiko guarantees a 99.9% Monthly Uptime commitment for production platform workloads on standard plans, and 99.95% on dedicated Enterprise agreements.

Uptime calculations exclude scheduled maintenance windows announced at least 48 hours in advance.

Each party agrees that all code, inventions, business secrets, financial details, and customer records disclosed under this Agreement constitute "Confidential Information." The receiving party shall exercise the same degree of care it uses for its own confidential assets (not less than reasonable care) to prevent unauthorized disclosure.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA CORRUPTION, OR BUSINESS INTERRUPTION) ARISING FROM THIS AGREEMENT.

EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO KIKO IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

Kiko shall defend, indemnify, and hold harmless Customer against third-party claims alleging that the core Kiko platform directly infringes a valid patent, copyright, or trademark. Customer shall defend and indemnify Kiko against third-party claims arising from Customer Data or violations of the Acceptable Use Policy.

Either party may terminate this Agreement immediately if the other party breaches a material provision and fails to cure such breach within thirty (30) days of receiving written notice. Kiko may temporarily suspend tenant access if necessary to mitigate an active security threat or overdue billing exceeding forty-five (45) days.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.