Terms of Service

1. Who we are and what these terms cover

These Terms of Service ("Terms") are an agreement between Katari Technologies Ltd, of Trinidad and Tobago ("Katari Technologies Ltd", "we", "us") and the organisation that creates an account or signs an order for Kinetic VOC (the "Customer", "you").

They cover the software service we host, including the web application, the application programming interfaces, the mobile experience and any AI assistant connector (together, the "Service"). The Data Processing Agreement, the Acceptable Use Policy, the Service Level Agreement, the Support Policy and the Billing, Refund and Cancellation Policy published at /legal form part of these Terms. If a signed order form conflicts with these Terms, the order form wins for that subject only.

The person who accepts these Terms confirms that they have authority to bind the Customer. The Service is for businesses and public bodies. It is not offered to consumers for personal use.

2. Accounts and access

You are responsible for the people you invite, the roles you give them and everything done under your account. Keep sign-in details confidential and require two-step sign-in where the Service asks for it.

Tell us promptly at security@kataritech.com if you believe an account has been compromised.

Katari Technologies Ltd staff have no standing access to your data. Our support staff can only see your data during a support session that one of your administrators approves, for the time approved, and every step is recorded in your audit log.

3. Plans, trials and the Free plan

Each plan includes a set of features, a number of users and limits described on the pricing page at the time you subscribe. Extra users can be added in packs where the plan offers them.

Paid plans may start with a free trial. No payment is taken during a trial. When the trial ends the subscription continues on the plan you chose and the first invoice is issued, unless you cancel before the trial ends.

The Free plan is provided without charge and without a service level commitment. We may change or withdraw the Free plan on 30 days’ notice. If we withdraw it, you may move to a paid plan or export your data.

4. Fees and payment

You agree to pay the fees for your plan, billing cycle and extra user packs. Prices are in United States dollars unless your invoice says otherwise. Invoices in Trinidad and Tobago dollars are converted at the rate shown on the invoice.

Invoices are payable within the terms shown on the invoice (14 days unless stated otherwise) by card through our payment provider or by bank transfer. Fees exclude taxes. Where value added tax or another tax applies, it is shown on the invoice and you pay it in addition.

Upgrades take effect immediately and the difference for the rest of the billing period is invoiced. Downgrades and cancellations take effect at the end of the paid period.

If an invoice is not paid by its due date the subscription becomes past due. If it is still unpaid after the grace period stated in the Billing Policy (14 days unless stated otherwise), the Service becomes read-only for your organisation until the balance is paid. Nothing is deleted because of late payment, and your people keep access to their own shifts, pay and payslips.

We may change prices for future billing periods by giving at least 30 days’ notice. The change applies from your next renewal. If you do not accept it you may cancel before it takes effect.

5. Your data

You own the data you and your people put into the Service ("Customer Data"). You give us permission to host, copy, transmit and process Customer Data only to provide, secure and support the Service, to comply with law, and as the Data Processing Agreement allows.

You are responsible for the lawfulness of Customer Data and for having the notices, consents and legal bases needed to put personal data about your staff, clients and suppliers into the Service.

We may create aggregated statistics that do not identify you or any person, and use them to operate and improve the Service.

You can export Customer Data at any time while your subscription is active or read-only, and for 90 days after it ends (the Data Retention Policy explains what happens next).

6. Your responsibilities in a health and emergency setting

Kinetic VOC supports workforce, payroll, fleet, supplier and client administration. It is not a medical device, it does not provide clinical advice, and it is not a computer-aided dispatch system for emergency calls. Do not rely on it as the only means of dispatching emergency response or of meeting clinical obligations.

Payroll results, statutory deductions and tax figures depend on rules and rates that you enter and verify. You must review them before paying anyone or filing any return. Scheduling rules, holds and model outputs are aids to your own decisions; a person in your organisation remains responsible for each decision.

You remain responsible for complying with the laws and licence conditions that apply to your service, including employment, occupational safety, health, transport and data protection law.

7. Acceptable use

You must follow the Acceptable Use Policy. We may suspend access that breaches it where necessary to protect the Service, other customers or any person, and we will tell you promptly and restore access once the problem is resolved.

8. Our responsibilities

We will provide the Service with reasonable skill and care, in line with the Service Level Agreement and the Security Policy, and we will keep Customer Data confidential and secure as the Data Processing Agreement describes.

We may improve and change the Service. We will not materially reduce the core features of your paid plan during a paid period. We will give at least 30 days’ notice before removing a feature you pay for.

9. Third-party services

Some features connect to services that others provide, such as a payment gateway, an e-mail provider, Google Drive for the backups you configure, or an AI assistant that you connect. Those services are governed by their own terms. We are not responsible for them, but we choose our own providers carefully and list them on the Subprocessors page.

10. Intellectual property

Katari Technologies Ltd and its licensors own the Service, including its software, design and documentation. You receive a non-exclusive, non-transferable right for your authorised users to use the Service during your subscription, for your organisation’s internal purposes.

If you send us suggestions, we may use them without obligation to you.

11. Confidentiality

Each party will protect the other’s confidential information with at least reasonable care, use it only for this agreement and disclose it only to people who need to know it and are bound by similar duties, or where the law requires (after giving notice where lawful).

12. Warranties and disclaimers

Each party confirms that it has the power to enter into these Terms.

Apart from what these Terms expressly say, the Service is provided "as is" and "as available". To the extent the law allows, we exclude other warranties, including implied warranties of merchantability, fitness for a particular purpose and uninterrupted or error-free operation.

13. Limits of liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that the law does not allow to be limited.

Subject to that, neither party is liable for loss of profits, revenue, goodwill or anticipated savings, or for indirect or consequential loss, even if it was foreseeable.

Subject to the first paragraph of this section, each party’s total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees paid and payable by the Customer for the Service in the 12 months before the event giving rise to the claim. For the Free plan, our total liability is limited to 500 United States dollars.

Service credits under the Service Level Agreement are your only remedy for missing an availability target.

14. Indemnities

We will defend you against a third-party claim that the Service, used as permitted, infringes that party’s intellectual property rights, and pay the damages finally awarded or agreed in settlement, provided you notify us promptly, let us control the defence and cooperate. We may instead modify the Service, obtain a licence or end the affected subscription and refund prepaid fees for the unused period.

You will defend us against a third-party claim arising from Customer Data or your use of the Service in breach of these Terms or the law, on the same conditions.

15. Term, cancellation and termination

Subscriptions renew automatically for successive periods of the same length until cancelled. You can cancel at any time in Plan & billing; cancellation takes effect at the end of the paid period.

Either party may end these Terms by written notice if the other materially breaches them and does not fix the breach within 30 days of being told about it, or immediately if the other becomes insolvent. We may end the Free plan for an organisation that has not signed in for 12 months, after 30 days’ notice.

When the subscription ends, access becomes read-only for 90 days so that you can export your data, and the Data Retention Policy then applies. Sections that by their nature should survive (fees owed, confidentiality, limits of liability, indemnities, governing law) survive termination.

16. Changes to these Terms

We may update these Terms. We will give at least 30 days’ notice of a material change by e-mail to your billing contact and in the application. The change applies from the start of your next billing period after the notice period. If you do not agree, you may cancel before it applies. Changes required by law or to address security may apply sooner.

17. General

Notices to us go to legal@kataritech.com. Notices to you go to the billing e-mail in your account. Electronic acceptance of these Terms and electronic notices have the same effect as signed paper, as the Electronic Transactions Act of Trinidad and Tobago provides.

Neither party is responsible for failure caused by events beyond its reasonable control, such as natural disasters, widespread power or network failure, or acts of government, provided it takes reasonable steps to limit the effect.

You may not assign these Terms without our consent, which we will not unreasonably withhold. We may assign them to a successor to our business on notice. If a provision is unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver.

These Terms are the entire agreement about their subject and replace earlier discussions about it.

18. Governing law and disputes

These Terms are governed by the laws of the Republic of Trinidad and Tobago. The parties will first try in good faith to resolve a dispute through senior representatives within 30 days of written notice of it. If that fails, the courts of Trinidad and Tobago have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court.