Terms of Service

1. Agreement and authority

By creating an account, accepting these terms, signing in, or using KCP, you agree to these Terms of Service. If you use KCP for a company, restaurant, franchise, partnership, or other organisation, you confirm that you have authority to bind that organisation. In that case, "you" and "customer" include the organisation.

The KCP service provider is the entity identified in your order form, subscription agreement, invoice, or onboarding communication. If a signed agreement conflicts with these terms, the signed agreement takes priority to the extent of the conflict.

2. The service

KCP provides business operations software that may include stock control, recipe and menu costing, purchasing, goods receiving, credit notes, adjustments, wastage, manufacturing, stock takes, transfers, sales integrations, reporting, scheduling, notifications, and administration tools.

Features may differ by plan, workspace configuration, location, integration, or release. KCP may add, improve, replace, or discontinue features where reasonably necessary, subject to any express commitments in a signed agreement.

3. Accounts and access

You must:

• provide accurate registration and account information;
• keep account credentials confidential and use reasonable security measures;
• ensure that each user has an individual account unless KCP expressly allows another method;
• assign permissions appropriate to each user's role;
• remove or disable access promptly when a user no longer requires it; and
• notify KCP promptly of suspected unauthorised access or security incidents.

You are responsible for activity performed through your accounts and workspace, except to the extent caused by KCP's breach of these terms or applicable law.

4. Customer data and responsibilities

"Customer Data" means information, records, content, files, configurations, recipes, prices, supplier records, sales mappings, stock records, and other material submitted to or generated through your workspace.

You retain ownership of Customer Data. You grant KCP a limited right to host, copy, process, transmit, display, and use Customer Data only as reasonably necessary to provide, secure, support, and improve the service, comply with law, and enforce these terms.

You are responsible for:

• the accuracy, quality, legality, and completeness of Customer Data;
• obtaining all permissions and lawful grounds required to submit and process Customer Data;
• verifying opening stock, units of measure, recipes, mappings, supplier information, tax settings, and location settings;
• reviewing reports, calculations, deductions, and imported information before relying on them; and
• maintaining any independent records or backups required by your business, auditors, insurers, or regulators.

5. Third-party integrations

KCP may connect to third-party services such as point-of-sale, payment, email, accounting, cloud storage, or identity providers. You authorise KCP to exchange information with a connected service when you enable that integration.

Third-party services are governed by their own terms, privacy notices, availability, permissions, limits, and technical behaviour. KCP is not responsible for a third party's acts, omissions, outages, data accuracy, API changes, or security, except where applicable law provides otherwise.

You must monitor integration status and promptly investigate warnings, failed webhooks, missing mappings, connection errors, or unexpected stock movements.

6. Fees, billing, and taxes

Fees, billing periods, payment terms, usage limits, and included features are stated in the applicable quotation, order form, subscription agreement, or invoice. Unless stated otherwise, fees are exclusive of VAT and other applicable taxes.

You must pay valid invoices when due. KCP may restrict or suspend access for overdue amounts after giving any notice required by the applicable agreement or law. Fees already paid are non-refundable unless the agreement or applicable law requires a refund.

7. Acceptable use

You may not, and may not permit another person to:

• use KCP unlawfully, fraudulently, or in a way that infringes another person's rights;
• attempt to gain unauthorised access to an account, workspace, database, network, or system;
• introduce malicious code, disrupt the service, bypass security controls, or perform unauthorised security testing;
• copy, resell, sublicense, lease, or provide KCP as a service bureau except as expressly authorised;
• reverse engineer, decompile, or attempt to extract source code except where the law does not permit this restriction;
• use automated tools in a way that creates unreasonable load or interferes with other users;
• upload content that is unlawful, harmful, deceptive, defamatory, or infringes intellectual property rights; or
• use KCP to build or train a competing product using confidential or proprietary parts of the service.

8. Intellectual property

KCP and its licensors retain all rights in the platform, software, interfaces, documentation, designs, trademarks, reports formats, templates, improvements, and related intellectual property, excluding Customer Data.

Subject to payment and compliance with these terms, KCP grants you a limited, non-exclusive, non-transferable, revocable right to access and use the service for your internal business operations during the subscription term.

If you provide feedback or suggestions, KCP may use them without restriction or payment, provided this does not transfer ownership of your Customer Data or confidential information.

9. Confidentiality

Each party must protect the other party's confidential information using reasonable care and may use it only to perform or receive the service, exercise rights, comply with law, or obtain professional advice. Confidential information does not include information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source without a duty of confidence.

10. Availability, maintenance, and changes

KCP aims to provide a reliable service, but uninterrupted or error-free operation is not guaranteed. Planned maintenance, emergency maintenance, internet failures, third-party outages, security incidents, capacity limits, and events outside reasonable control may affect availability.

KCP may deploy updates and fixes without prior notice where reasonably necessary for security, reliability, legal compliance, or service operation. We will use reasonable efforts to communicate material planned interruptions where practical.

11. Operational reliance and verification

You must review and verify material calculations and records before making purchasing, pricing, staffing, tax, accounting, compliance, or financial decisions. KCP does not provide legal, tax, audit, accounting, or financial advice.

12. Warranties and disclaimers

KCP warrants that it will provide the service with reasonable skill and care. Except for express warranties in these terms or a signed agreement, and to the fullest extent permitted by law, the service is provided as available without warranties that it will be uninterrupted, error-free, fit for every purpose, or compatible with every third-party system.

Nothing in these terms excludes a warranty, right, remedy, or protection that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 or another applicable law.

13. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, special, incidental, punitive, or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings, or business opportunity, arising from the service.

To the fullest extent permitted by law, KCP's total aggregate liability arising from the service during any twelve-month period is limited to the fees paid or payable by the customer for the affected service during the twelve months immediately before the event giving rise to the claim.

The limitations do not apply to liability that cannot lawfully be limited, fraud, wilful misconduct, gross negligence where the law prohibits limitation, infringement of another party's intellectual property rights, breach of confidentiality, or payment obligations.

14. Indemnity

To the extent permitted by law, you indemnify KCP against third-party claims, losses, and reasonable costs arising from unlawful Customer Data, your breach of the acceptable-use rules, your infringement of another person's rights, or your unauthorised use of the service. This indemnity does not apply to the extent that the claim was caused by KCP's breach, negligence, or unlawful conduct.

15. Suspension and termination

KCP may suspend access where reasonably necessary to address a security risk, unlawful use, material breach, non-payment, third-party restriction, or risk to the platform or other users. Where practical, KCP will provide notice and an opportunity to remedy the issue.

Either party may terminate according to the applicable order form or signed agreement. If no specific termination period is stated, either party may terminate a month-to-month service by giving at least thirty days' written notice. A party may terminate for a material breach that is not remedied within a reasonable written cure period, or immediately where the breach cannot reasonably be remedied.

16. Data return and deletion

During an active subscription, you may export Customer Data using available features, subject to permissions and technical limits. After termination, access may stop immediately or at the end of the paid period, depending on the agreement and reason for termination.

KCP may retain Customer Data for a limited period for recovery, legal compliance, dispute resolution, security, and backup purposes. After the applicable retention period, data may be deleted or anonymised. You should export required records before termination.

17. Privacy and personal information

Personal information is processed as described in the Privacy Policy, any signed data-processing terms, and applicable law. You must ensure that your use of KCP and submission of personal information comply with POPIA and any other applicable privacy requirements.

18. Notices

Operational notices may be delivered in the service, by email, or through the account contact. Formal legal notices must be sent to the notice address or email stated in the applicable order form, subscription agreement, invoice, or onboarding communication.

You must keep account and billing contact details current. A notice sent to the most recent contact details on record is treated as received when delivery is confirmed, unless applicable law requires another method.

19. Governing law and disputes

These terms are governed by the laws of the Republic of South Africa. Before starting formal proceedings, the parties must attempt in good faith to resolve a dispute through written notice and reasonable management-level discussions.

Subject to any mandatory consumer right or agreed dispute process, the courts of South Africa have jurisdiction. Nothing prevents a party from seeking urgent interim relief or using a regulator, ombud, or tribunal where the law permits.

[Governing law and venue for US customers: to be confirmed by counsel]

20. General terms

• Entire agreement: these terms and the applicable signed commercial documents form the agreement for the service.
• Changes: KCP may update these terms by publishing a revised version and providing reasonable notice of material changes. Continued use after the effective date constitutes acceptance where permitted by law.
• Assignment: you may not assign the agreement without KCP's prior written consent, which will not be unreasonably withheld. KCP may assign the agreement as part of a lawful restructuring, financing, merger, or sale of business.
• Force majeure: neither party is responsible for delay caused by events outside its reasonable control, except for payment obligations already due.
• Severability: if a provision is invalid or unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions continue.
• No waiver: failure to enforce a provision is not a waiver of that provision.
• Relationship: the parties are independent contractors. These terms do not create a partnership, agency, employment, or fiduciary relationship.
• Electronic acceptance: electronic acceptance, records, and communications may be used to form and evidence the agreement as permitted by applicable law.

21. Contact

Questions about these terms must be sent through the KCP support or legal contact identified in your account, order form, subscription agreement, invoice, or onboarding communication. Include your organisation name, workspace, contact details, and a clear description of the matter.