Terms of service — Kadence

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• Governing law Report an error

  “This Agreement shall be governed by the laws of New York without regard to its conflict of laws provisions.”

• Dispute resolution Report an error

  “All disputes arising out of or in connection with these Terms shall be settled by arbitration at a mutually agreed upon location before a neutral single arbitrator, whose decision will be final and binding and the arbitral proceedings will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect.”

• DPA available Report an error

  “the Data Processing Addendum set forth at https://kadence.co/wp-content/uploads/2024/01/DPA-2024.pdf (“DPA”), will govern the parties’ respective rights and obligations with regard to the Processing and is incorporated by reference herein”

• Sensitive data prohibited Report an error

  “Customer agrees that Customer Data will not contain any financial account identifiers (e.g., credit card numbers or bank account numbers), government issued identifiers (e.g., social security or driver’s license numbers,), or other types of sensitive data that constitute Sensitive Personal Data”

• SLA standard Report an error

  “Unless an enhanced Service Level Agreement is purchased and referenced on the Order Form, the Standard Kadence Service Level Agreement (https://kadence.co/wp-content/uploads/2023/12/Standard-Kadence-SLA.pdf) applies to the provision of Services under this Agreement.”

• Termination retrieval Report an error

  “Upon any termination, Kadence will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Kadence shall delete stored Customer Data.”

• Fee change notice Report an error

  “Kadence reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term (as specified in the Order Form) or the current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email).”

• Billing error window Report an error

  “Customer must contact Kadence no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.”

• Taxes customer responsibility Report an error

  “Customer will pay Kadence any applicable fees described in the Order Form plus any applicable sales or value added taxes for the Services and Implementation Services”

• Early termination fee Report an error

  “the Customer agrees to pay Kadence an early termination fee equal to the lesser of (a) fees that would have been due for the remainder of the Initial Service Term and (b) 6-months of fees.”

• Liability cap Report an error

  “ANY DAMAGES IN EXCESS OF THE AGGREGATE FEES PAID OR PAYABLE TO THE COMPANY HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CLAIM FIRST AROSE”

• Third party services Report an error

  “The Services contain certain features and functionalities that integrate and/or interoperate with certain third party products, services or applications (the “Third Party Services”).”

• Implementation services Report an error

  “If Kadence performs any implementation services to onboard Customer (the “Implementation Services”)”

• Customer data ownership Report an error

  “Customer shall own all right, title and interest in and to the Customer Data, as well as any data derived from the Customer Data as part of the Services.”

• Reference account program Report an error

  “Kadence may include Customer’s name, logo or trademarks in marketing materials, customer lists, or other public communications.”

• Indemnification ip Report an error

  “Kadence will defend Customer against any claim, demand, action, suit, or proceeding (“Claim”) made or brought against Customer by a third party alleging that the use of the Services in accordance with this Agreement infringes or misappropriates a third party’s patent, copyright, trade mark or trade secret”

• Warranty Report an error

  “Kadence shall perform the Implementation Services and any support services in a professional and workmanlike manner.”

• Termination notice breach Report an error

  “either party may also terminate this Agreement upon thirty (30) days’ notice (or fifteen (15) days in the event of non-payment), if the other party materially breaches any of the terms or conditions of this Agreement”

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