Terms of Service

Last updated: 2 May 2026

These Terms of Service (“Terms”) form a binding agreement between you (“Customer”, “you”) and Kaiday, operated by Sophometrics (“Kaiday”, “we”), governing your access to and use of the Kaiday platform at kaiday.com, the Kaiday API, AI agents, connectors, and related services (the “Service”).

By creating an account, accepting these Terms in-product, or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility and account

  • You must be at least 16 years old and able to enter into a binding contract under Dutch law.
  • You are responsible for keeping your credentials secure and for all activity under your account.
  • If you accept these Terms on behalf of an organisation, you represent that you are authorised to bind it.

2. The Service

Kaiday is an AI operating system for early-stage teams. It provides tooling that observes how your team works, suggests or drafts actions, and — where you explicitly enable it — executes tasks across the third-party services you connect. Specific features, agents, and integrations may evolve over time.

3. Acceptable use

You will not, and will not allow anyone using your account to:

  • Use the Service to violate any law or third-party rights;
  • Upload or generate content that is unlawful, defamatory, infringing, or that contains malware;
  • Reverse-engineer, scrape, or attempt to bypass the technical limitations of the Service;
  • Use the Service to build a competing product, or to train a competing AI model;
  • Send unsolicited commercial messages (spam) through Kaiday connectors;
  • Process special categories of personal data (Art. 9 GDPR) without lawful basis and prior written notice to us;
  • Resell, sublicense, or expose the Service to third parties except as expressly permitted.

4. Customer content and AI output

4.1 Your content

You retain all rights to the content you submit, upload, or import into Kaiday (“Customer Content”). You grant Kaiday a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and process Customer Content solely as necessary to provide the Service to you.

4.2 AI output

Subject to your payment of fees, Kaiday assigns to you all rights it may have in output generated by AI agents based on your inputs (“Output”). You are responsible for reviewing Output before relying on it. Output is provided “as is”: AI systems can be wrong, incomplete, or biased.

4.3 Model training

Kaiday does not use Customer Content to train general-purpose AI models. We may use aggregated, anonymised usage statistics (e.g. counts, latency) to improve the Service.

5. Connectors and third-party services

The Service can connect, at your direction, to third-party services such as Meta (Facebook, Instagram, Threads), Google, Microsoft, Slack, Stripe, HubSpot, Salesforce, Shopify, Notion, and many others. These services are operated independently and governed by their own terms. You are responsible for:

  • Complying with the terms of each connected third-party service;
  • Holding the rights and consents needed to grant Kaiday access to data from those services;
  • Promptly disconnecting any connector you no longer wish to use.

Kaiday is not responsible for the availability, accuracy, or behaviour of third-party services. If a third party changes or withdraws its API, we may modify or remove the corresponding feature.

6. Plans, fees and taxes

  • Pricing for paid plans is shown on our pricing page or in your order form.
  • Fees are quoted exclusive of VAT and other applicable taxes, which will be added where required.
  • Subscriptions renew automatically for the same term unless cancelled before the renewal date.
  • Late payments accrue statutory commercial interest under Dutch law (art. 6:119a BW).

7. Right of withdrawal (consumers)

Where you contract as a consumer in the EU, you have a 14-day right of withdrawal under Directive 2011/83/EU. By starting to use the Service before the end of the withdrawal period, you expressly agree that Kaiday begins performance and that you lose the right of withdrawal once performance is complete (art. 6:230p sub d BW).

8. Suspension and termination

  • You may close your account at any time from Settings.
  • We may suspend or terminate access for material breach of these Terms, non-payment, or to protect the security or integrity of the Service.
  • On termination we will, on request and within 30 days, make Customer Content available for export, after which it will be deleted in accordance with our Privacy Policy.

9. Confidentiality

Each party will protect the other’s confidential information with the same degree of care it uses for its own (and at least reasonable care), and use it only for purposes of the Service.

10. Data protection

Our processing of personal data is described in the Privacy Policy. For Customer Content that contains personal data and where Kaiday acts as a processor, the parties agree that the data-processing addendum (DPA) available on request forms part of these Terms.

11. Warranties and disclaimers

We will provide the Service with reasonable care and skill. To the maximum extent permitted by law, the Service is otherwise provided “as is” and “as available”, without further warranties of merchantability, fitness for a particular purpose, or non-infringement. AI Output may be inaccurate; you must evaluate it before use.

12. Limitation of liability

To the maximum extent permitted by Dutch law, neither party is liable for indirect, incidental, special, or consequential damages, lost profits, or loss of data. Each party’s aggregate liability under these Terms is limited to the fees paid or payable by Customer to Kaiday in the 12 months preceding the event giving rise to liability. Nothing in these Terms limits liability that cannot be limited by law (e.g. intent or gross negligence, statutory consumer rights).

13. Indemnity

You will indemnify Kaiday against third-party claims arising from (a) your breach of these Terms, (b) Customer Content infringing third-party rights, or (c) your unlawful use of the Service or of any connected third-party service.

14. Changes to the Service or Terms

We may update these Terms by posting a new version on this page. Material changes will be announced by email or in-app at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.

15. Governing law and jurisdiction

These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. Disputes will be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands, except where mandatory consumer law gives a consumer the right to bring proceedings in their member state of residence.

16. Contact

Questions about these Terms: legal@kaiday.com.