Back
End User License Agreement for Kawsty
Last Updated: May 7, 2026
This End User License Agreement ("EULA" or "Agreement") is a binding
contract between you and Kawsty ("Kawsty," "we," "us," or "our")
governing your access to and use of the Kawsty software, dashboard,
mobile-web interface, APIs, and any related documentation
(collectively, the "Software"). The Software is licensed, not sold.
By creating an account, clicking "I agree," or using the Software you
accept this Agreement on your own behalf and, if you are signing up
on behalf of a business, on behalf of that business. If you do not
agree, do not use the Software.
This EULA is in addition to our Terms of Service at
https://kawsty.com/tos and our Privacy Policy at
https://kawsty.com/privacy-policy. To the extent of any conflict
between this EULA and the Terms of Service, this EULA controls with
respect to the license rights and restrictions in Sections 2 and 3.
1. Eligibility and Accounts
1.1 You must be at least 18 years old, capable of forming a legally
binding contract, and not barred from receiving services under the
laws of the United States or any other applicable jurisdiction.
1.2 You are responsible for keeping your login credentials confidential
and for all activity that occurs under your account, including
activity by team members you invite. Notify us immediately at
support@kawsty.com if you suspect unauthorized access.
1.3 If you sign up on behalf of a team or business, you represent
that you are authorized to bind that organization to this Agreement.
The organization is the "Customer" and is responsible for the conduct
of all team members it invites.
2. License Grant
2.1 Subject to your continued compliance with this Agreement and
payment of any applicable fees, Kawsty grants you a limited,
non-exclusive, non-transferable, non-sublicensable, revocable license
to access and use the Software solely for the internal business
operations of your shop, café, bakery, restaurant, brewery, food
truck, catering company, or similar food or beverage business.
2.2 Kawsty may from time to time release new features, modules, or
integrations. Some may be designated "Beta," "Preview," or
"Experimental." Beta features are provided "as is," may be modified
or discontinued without notice, and are excluded from any service
level commitments and from the warranties in Section 12.
2.3 The license granted to you ends automatically when this
Agreement terminates (Section 16).
3. License Restrictions
You agree that you will not, and will not permit any team member or
third party to:
• copy, modify, translate, or create derivative works of the
Software except as expressly permitted by this Agreement;
• reverse engineer, decompile, disassemble, or otherwise attempt to
derive the source code, object code, or underlying structure of
the Software, except where applicable law prohibits this
restriction and only to the minimum extent necessary;
• sell, resell, lease, sublicense, distribute, or otherwise transfer
the Software or access credentials, or use the Software to operate
a service bureau, time-sharing arrangement, or competing product;
• remove, alter, or obscure any proprietary notice, watermark, or
branding contained in or displayed by the Software;
• use the Software to build a competing product, to train a machine
learning model, or to benchmark the Software for any public
publication without our prior written consent;
• access the Software using automated means (scrapers, bots,
crawlers, headless browsers) other than the official APIs we
expose, or in a manner that imposes an unreasonable load on our
infrastructure;
• bypass, disable, or interfere with any security, authentication,
rate-limiting, or usage-restriction feature, including the
multi-factor verification step required for sensitive financial
actions;
• use the Software to store or transmit unlawful, infringing,
harassing, or maliciously coded material, or in violation of any
applicable export control, sanctions, or alcohol-licensing law;
• upload viruses, worms, or other malicious code, or otherwise
attempt to compromise the Software's integrity or availability.
4. Team Members and Roles
4.1 Account owners may invite additional team members and assign
roles (member, chef, sales, manager, admin, superadmin, or wholesale
buyer). The role determines what each team member can view, create,
edit, or delete.
4.2 Each team member is bound by this Agreement. The account owner
is responsible for ensuring team members understand and comply with
its terms, including the document-signing flow used to capture
electronic acknowledgements of company policies.
4.3 You may remove team members at any time. Removal does not delete
data the member created, but does revoke their access immediately.
5. Subscriptions, Billing, and Refunds
5.1 Paid plans are billed through Stripe on the recurring schedule
(monthly or annual) shown at checkout. Fees are quoted in U.S.
dollars and do not include applicable taxes, which are added at the
time of payment.
5.2 By providing payment information you authorize Kawsty and Stripe
to charge the payment method on file for all amounts owed under your
chosen plan, including renewals, until you cancel.
5.3 Subscriptions auto-renew at the end of each billing period at
the then-current rate unless you cancel before the end of the
period. You can cancel from /dashboard/settings/billing or by
emailing support@kawsty.com.
5.4 We offer a full refund within seven (7) days of your initial
paid subscription if you are not satisfied. After the seven-day
window, refunds are not available except where required by law.
5.5 If we materially change the price of a plan you are subscribed
to, we will give you at least thirty (30) days' notice by email or
in-app notice and an opportunity to cancel before the new price
applies.
5.6 Late or failed payments may result in suspension of your
account. If your payment remains past due for more than thirty (30)
days, we may terminate this Agreement and the license granted under
Section 2.
6. Customer Data
6.1 "Customer Data" means recipes, ingredient lists, product costs,
production schedules, daily schedules, waste records, labor records,
employee records, sales data, financial records, documents you
upload, electronic signatures captured through the Software, and any
other data you or your team members submit to the Software.
6.2 As between you and Kawsty, you own all right, title, and interest
in your Customer Data. Kawsty claims no ownership over recipes,
formulas, customer lists, vendor relationships, or any operational
content you create.
6.3 You grant Kawsty a worldwide, non-exclusive, royalty-free
license to host, copy, transmit, display, process, and modify your
Customer Data solely as necessary to (a) provide and improve the
Software, (b) operate analytics and reporting features for you,
(c) maintain backups and disaster-recovery copies, and (d) comply
with our legal obligations.
6.4 We will not use your Customer Data to train artificial
intelligence or machine learning models. We will not sell your
Customer Data to third parties. We will not share it with
advertisers.
6.5 You are responsible for the accuracy, legality, and quality of
your Customer Data and for maintaining your own backups of any data
you cannot afford to lose.
7. Acceptable Use
In addition to the restrictions in Section 3, you agree to use the
Software only for lawful purposes and in accordance with this
Agreement. You will not use the Software to:
• engage in any activity that violates federal, state, or local
food-safety, alcohol-licensing, employment, wage-and-hour, tax,
or excise law;
• capture, transmit, or store electronic signatures from
individuals who have not consented to receive an electronic
document, or to bind individuals to documents they did not
knowingly review;
• send unsolicited commercial messages (spam) through any
integrated email or SMS feature;
• attempt to access another customer's data or any part of the
Software you have not been granted access to.
8. Third-Party Integrations
8.1 The Software offers optional integrations with third-party
services, including Shopify, Square, Toast, Stripe, Stripe Connect,
BlueCart, Plaid, Google Calendar, Resend, and others ("Third-Party
Services").
8.2 Your use of any Third-Party Service is governed by that
service's own terms and privacy policy. Connecting a Third-Party
Service is your decision; you authorize Kawsty to exchange data with
that service on your behalf using the scopes you approve.
8.3 Kawsty is not responsible for the availability, accuracy, or
behavior of any Third-Party Service. If a Third-Party Service is
suspended, modified, or terminated, the related Software features
may stop working, and Kawsty will not be liable for the resulting
loss.
8.4 Plaid bank-balance data, Stripe payouts, Shopify order metrics,
and similar pulled data are presented to you as information only.
You are responsible for reconciling them against your books of
record before relying on them for tax, payroll, lending, or
financial-reporting purposes.
9. Electronic Signatures and Documents
9.1 The Software supports electronic acknowledgement and signing of
documents (employee handbooks, policies, agreements, and similar).
You and your team members agree that typed signatures, IP addresses,
timestamps, and user-agent strings captured through the Software
constitute valid electronic signatures under the U.S. Electronic
Signatures in Global and National Commerce Act (E-SIGN), the Uniform
Electronic Transactions Act (UETA), and any analogous applicable
law.
9.2 You are responsible for ensuring that the recipients of any
document you send through the Software have consented to receive
electronic communications. You are also responsible for the legal
sufficiency of the documents themselves; Kawsty's stock templates
are starting points, not legal advice, and should be reviewed by
counsel before use in a binding context.
10. Intellectual Property
10.1 The Software, including all underlying code, models, designs,
graphics, content, trademarks, service marks, logos, and the "Kawsty"
name, is the exclusive property of Kawsty and its licensors and is
protected by U.S. and international copyright, trademark, patent,
trade-secret, and other intellectual-property laws. All rights not
expressly granted to you in this Agreement are reserved by Kawsty.
10.2 If you provide feedback, suggestions, or ideas about the
Software ("Feedback"), you grant Kawsty a perpetual, irrevocable,
royalty-free, worldwide license to use, modify, and incorporate the
Feedback into the Software without restriction or compensation to
you.
10.3 Nothing in this Agreement transfers any ownership of the
Software, the Kawsty brand, or any Kawsty intellectual property to
you.
11. Confidentiality
Each party may receive non-public information from the other party
("Confidential Information"), including the non-public features,
pricing, and architecture of the Software. Each party will use the
other's Confidential Information only as necessary to perform under
this Agreement, will protect it with at least the same care it uses
to protect its own confidential information of like importance, and
will not disclose it to third parties except to employees,
contractors, or advisors who are bound by similar confidentiality
obligations.
12. Disclaimers
12.1 THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE
MAXIMUM EXTENT PERMITTED BY LAW, KAWSTY DISCLAIMS ALL WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
QUIET ENJOYMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING
OR USAGE OF TRADE.
12.2 KAWSTY DOES NOT WARRANT THAT THE SOFTWARE WILL BE
UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT
ANY DATA, COST CALCULATION, MARGIN, FORECAST, AI-GENERATED
SUGGESTION, INVENTORY COUNT, LABOR-COST PROJECTION, OR FINANCIAL
INSIGHT WILL BE ACCURATE OR COMPLETE. YOU ARE RESPONSIBLE FOR
INDEPENDENTLY VERIFYING ANY OUTPUT BEFORE RELYING ON IT FOR
BUSINESS, TAX, PAYROLL, SAFETY, OR REGULATORY PURPOSES.
12.3 KAWSTY IS NOT A LAW FIRM, ACCOUNTING FIRM, REGISTERED INVESTMENT
ADVISOR, PAYROLL PROVIDER OF RECORD, FOOD-SAFETY AUTHORITY, OR
ALCOHOL-LICENSING AUTHORITY. INFORMATION DISPLAYED BY THE SOFTWARE
IS NOT LEGAL, TAX, FINANCIAL, REGULATORY, OR PROFESSIONAL ADVICE.
13. Limitation of Liability
13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KAWSTY
OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST
REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE
SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE
SOFTWARE, EVEN IF KAWSTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
13.2 KAWSTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED
TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU
PAID KAWSTY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING
RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
13.3 The limitations in this Section 13 form an essential basis of
the bargain between you and Kawsty and apply even if a remedy fails
of its essential purpose. Some jurisdictions do not allow the
exclusion or limitation of certain damages; in those jurisdictions
the limitations apply only to the extent permitted by law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Kawsty and its
officers, directors, employees, contractors, and agents from and
against any claims, demands, losses, liabilities, damages, costs,
and expenses (including reasonable attorneys' fees) arising out of
or related to (a) your use of the Software in breach of this
Agreement, (b) your Customer Data, (c) your violation of any law or
the rights of any third party, including any employee, contractor,
or customer of yours, or (d) any document you send for electronic
signature through the Software.
15. Term
This Agreement begins when you first access the Software and
continues until terminated under Section 16.
16. Termination
16.1 You may terminate this Agreement at any time by canceling your
subscription and ceasing all use of the Software.
16.2 Kawsty may suspend or terminate your access immediately if
(a) you breach this Agreement, (b) your account is more than thirty
(30) days past due, (c) we are required to do so by law, or (d) we
reasonably believe your continued use poses a material risk to the
Software, to other customers, or to Kawsty.
16.3 On termination: (i) your license to use the Software ends;
(ii) you must stop accessing the Software; (iii) you may export your
Customer Data for ninety (90) days after termination, after which it
will be deleted or anonymized as described in our Privacy Policy;
and (iv) Sections 3, 6.4, 10, 11, 12, 13, 14, 16.3, and 17 through
20 survive termination.
17. Governing Law and Dispute Resolution
17.1 This Agreement is governed by the laws of the State of
Oklahoma, without regard to its conflict-of-laws principles. The
United Nations Convention on Contracts for the International Sale of
Goods does not apply.
17.2 Any dispute arising out of or relating to this Agreement that
the parties cannot resolve informally within thirty (30) days of
written notice will be resolved exclusively in the state or federal
courts located in Tulsa County, Oklahoma. You and Kawsty consent to
the personal jurisdiction of those courts and waive any objection to
venue.
17.3 To the maximum extent permitted by law, each party irrevocably
waives any right to a trial by jury.
17.4 No claim arising out of or related to this Agreement may be
brought more than one (1) year after the cause of action arose.
18. Changes to this Agreement
We may update this Agreement from time to time. Material changes
will be communicated by email to account owners or via an in-app
notice at least fourteen (14) days before they take effect.
Continued use of the Software after the effective date constitutes
acceptance of the updated Agreement. The "Last Updated" date at the
top of this page reflects the current version.
19. Miscellaneous
19.1 Assignment. You may not assign this Agreement without our prior
written consent. We may assign this Agreement in connection with a
merger, acquisition, financing, or sale of all or substantially all
of our assets. Any prohibited assignment is void.
19.2 Force Majeure. Neither party is liable for delay or failure to
perform caused by events beyond its reasonable control, including
acts of God, war, terrorism, civil unrest, internet or
power-infrastructure failures, third-party service outages, labor
disturbances, or governmental action.
19.3 Independent Contractors. The parties are independent
contractors. This Agreement does not create a partnership, joint
venture, agency, franchise, or employment relationship.
19.4 Severability. If any provision of this Agreement is held
invalid or unenforceable, the remaining provisions remain in full
force, and the invalid provision will be modified to the minimum
extent necessary to make it enforceable.
19.5 No Waiver. The failure of either party to enforce any right or
provision is not a waiver of that right or provision.
19.6 Notices. Notices to Kawsty must be sent to the email and
mailing address in Section 20. Notices to you may be sent to the
email address on your account.
19.7 Entire Agreement. This Agreement, together with our Terms of
Service and Privacy Policy, constitutes the entire agreement
between you and Kawsty regarding the Software and supersedes all
prior agreements and understandings on the subject.
20. Contact Us
Email: support@kawsty.com
Legal & licensing notices: legal@kawsty.com
Mailing address: Kawsty, 12 N Cheyenne Ave, Tulsa, OK 74103, USA
By using Kawsty you acknowledge that you have read, understood, and
agree to be bound by this End User License Agreement.