Terms of Service

1. Acceptance of Terms

By accessing or using the Kyxcan platform, website, or any associated services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

You must be at least 18 years of age to use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you as an individual and the organization you represent.

By creating an account or submitting any information through the Service, you acknowledge that you have read, understood, and agree to comply with these Terms, as well as our Privacy Policy, which is incorporated by reference.

2. Description of Services

Kyxcan provides an artificial intelligence-powered accounting assistant designed to automate bookkeeping tasks, reconcile financial transactions, categorize expenses, generate financial reports, and integrate with third-party accounting software and enterprise resource planning systems.

The Service is intended to assist accounting professionals and businesses in managing their financial operations more efficiently. Kyxcan is a software tool and does not provide financial advice, tax advice, legal advice, or professional accounting services. All outputs generated by the Service are suggestions and require verification by qualified professionals.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Service without liability.

3. User Obligations

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are prohibited from:

• Using the Service in any manner that violates applicable local, state, national, or international law or regulation.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm Kyxcan or users of the Service.
• Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our prior written permission.
• Introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to gain unauthorized access to any portion of the Service, other users' accounts, or any systems or networks connected to the Service.
• Interfering with or disrupting the integrity or performance of the Service or the data contained therein.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software code, algorithms, and the design, selection, and arrangement thereof, are owned by Kyxcan, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, Kyxcan grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes only. This license does not include any right to:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as incidental to normal web browsing.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service.
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from any content obtained through the Service.

Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other intellectual property laws.

5. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Kyxcan does not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Service will be accurate, complete, or reliable.
• The quality of any products, services, information, or other material obtained through the Service will meet your expectations.
• Any errors in the Service will be corrected.

The Service relies on machine learning algorithms and third-party data sources. While we strive for accuracy, we cannot guarantee that all automated entries, categorizations, reconciliations, or reports generated by the Service are free from errors. You are solely responsible for verifying the accuracy of all data and outputs before relying on them for business, financial, or legal decisions.

No advice or information, whether oral or written, obtained by you from Kyxcan or through the Service shall create any warranty not expressly stated in these Terms.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KYXCAN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service.
• Any conduct or content of any third party on the Service.
• Any content obtained from the Service.
• Unauthorized access, use, or alteration of your transmissions or content.

IN NO EVENT SHALL KYXCAN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO KYXCAN FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, Kyxcan's liability shall be limited to the greatest extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless Kyxcan, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any copyright, trademark, trade secret, or other property or privacy right.
• Any claim that your use of the Service caused damage to a third party.

This indemnification obligation will survive termination of these Terms and your use of the Service.

8. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Kyxcan. This includes integrations with third-party accounting software, payment processors, and financial institutions.

Kyxcan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Kyxcan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use in connection with the Service.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

By using the Service, you consent to the collection and use of your information as described in the Privacy Policy. If you do not agree with our Privacy Policy, you must not use the Service.

10. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction and venue of such courts.

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the dispute informally by contacting Kyxcan at [email protected]. We will endeavor to resolve complaints and disputes in good faith within thirty (30) days of receiving notice.

If the dispute cannot be resolved informally within thirty (30) days, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in New York County, New York, and shall be conducted by a single arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, either party may seek equitable relief (including injunctive relief) in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

12. Termination

Kyxcan reserves the right to suspend or terminate your access to the Service, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law or regulation.
• Fraudulent, abusive, or illegal activity.
• Non-payment of fees (if applicable).
• At our sole discretion, for any reason or no reason.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, we will make reasonable efforts to delete your data in accordance with our Privacy Policy, subject to applicable legal and regulatory retention requirements.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice by posting the updated Terms on this page and updating the "Last Updated" date at the top of this document.

We will also provide notice of material changes via email to the address associated with your account, or by displaying a prominent notice on our homepage, at least fourteen (14) days before the changes take effect.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Service and terminate your account.

14. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us at: