Terms of Service

Last updated: [DATE]

1. Agreement to terms

These Terms of Service (“Terms”) govern your access to and use of the Nacho Kai website, application, and related services (the “Services”), provided by [LEGAL ENTITY NAME] (“Nacho Kai,” “we,” “us”). By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.

2. Accounts

You must provide accurate information when creating an account and are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly of any unauthorized use.

3. Subscriptions and payment

Paid Services are billed according to the plan you select. Fees are stated at the time of purchase. Unless otherwise stated, fees are non-refundable except as required by law. We may change pricing on a prospective basis with notice.

4. Customer data and your responsibilities

You retain ownership of the content and data you submit to the Services (“Customer Data”). You grant us a limited license to host, process, and use Customer Data solely to provide and improve the Services. You are responsible for ensuring you have the necessary rights and consents to provide Customer Data to us, including any personal data of your clients or their customers, and for using the Services in compliance with applicable laws.

5. Acceptable use

You agree not to misuse the Services, including by attempting to gain unauthorized access, interfering with operation, infringing others' rights, uploading malicious code, or using the Services to violate any law. We may suspend or terminate access for violations.

6. Third-party integrations

The Services integrate with third-party platforms (for example Shopify, Google, WordPress, Gusto, and others). Your use of those platforms is governed by their own terms, and we are not responsible for third-party services. You authorize us to access and exchange data with those platforms as needed to provide the Services.

7. Intellectual property

The Services, including all software, design, and content we provide, are owned by Nacho Kai or our licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. You may not copy, modify, reverse engineer, or create derivative works except as permitted by law.

8. Confidentiality

Each party may receive confidential information from the other and agrees to protect it and use it only as necessary to perform under these Terms.

9. Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that outputs (including AI-generated insights or content) will be accurate or complete; you are responsible for reviewing outputs before relying on them.

10. Limitation of liability

To the maximum extent permitted by law, Nacho Kai will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability for any claim arising out of or relating to the Services will not exceed the amounts you paid us for the Services in the twelve months preceding the claim.

11. Indemnification

You agree to indemnify and hold Nacho Kai harmless from claims arising out of your Customer Data, your use of the Services, or your violation of these Terms or applicable law.

12. Termination

You may stop using the Services at any time. We may suspend or terminate access if you breach these Terms or as needed to comply with law or protect the Services. Upon termination, your right to use the Services ends; certain provisions survive termination by their nature.

13. Changes to the Services or Terms

We may modify the Services or these Terms. If we make material changes to these Terms, we will provide notice (for example by posting an updated version with a new date). Continued use after changes take effect constitutes acceptance.

14. Governing law

These Terms are governed by the laws of [STATE/JURISDICTION], without regard to conflict-of-laws principles. Disputes will be resolved in the courts located in [VENUE], unless otherwise required by law.

15. Contact

[LEGAL ENTITY NAME], [MAILING ADDRESS], [CONTACT EMAIL].