1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Modapaya LLC, a Texas limited liability company doing business as KasaBase ("Company," "we," "us," or "our"), governing your access to and use of the KasaBase platform, including all associated websites, APIs, mobile applications, and services (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Account Registration
To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
You must be at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity.
3. Subscription Plans & Billing
KasaBase offers several subscription plans as described on our Pricing page. By subscribing to a paid plan, you agree to pay the applicable fees.
- Free Trial: New accounts may receive a 14-day free trial. At the end of the trial, access will be limited unless you subscribe to a paid plan.
- Billing Cycle: Subscriptions are billed monthly or annually, depending on your selection. Fees are non-refundable except as provided in our Refund Policy.
- Price Changes: We may modify pricing with at least 30 days' prior notice. Continued use after the effective date constitutes acceptance of the new pricing.
- Add-ons: Additional modules may be purchased separately and are billed on the same cycle as your base plan.
4. Acceptable Use
Your use of the Service is subject to our Acceptable Use Policy. You agree not to use the Service for any illegal, harmful, or abusive purpose.
5. Data Ownership & Privacy
You retain ownership of all data you submit to the Service ("Customer Data"). We will not sell, rent, or share your Customer Data with third parties except as described in our Privacy Policy.
We may use aggregated, anonymized data for analytics, improvement, and benchmarking purposes, provided such data cannot identify you or your customers.
6. Intellectual Property
The Service, including all software, designs, logos, trademarks, and content, is the exclusive property of Modapaya LLC. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
You are granted a limited, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms for the duration of your subscription.
7. Service Availability & SLA
We strive to maintain 99.9% uptime for the Service as described in our Service Level Agreement. However, we do not guarantee uninterrupted or error-free operation.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODAPAYA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total aggregate liability for any claim arising from or relating to the Service shall not exceed the total amount you paid us during the twelve (12) months preceding the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless Modapaya LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from your use of the Service or violation of these Terms.
10. Termination
Either party may terminate the subscription at any time. Upon termination:
- Your access to the Service will be suspended at the end of the current billing period
- You may export your Customer Data for up to 30 days after termination
- After 30 days, we may permanently delete your data
We may immediately terminate or suspend your account if you violate these Terms or our Acceptable Use Policy.
11. Governing Law & Disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Collin County, Texas.
12. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the Service. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.
13. Contact
If you have questions about these Terms, please contact us at:
Modapaya LLC (dba KasaBase)
6121 W Park Blvd B116
Plano, TX 75093
contact@kasabase.com
