Terms of Service

These Terms of Service are a binding agreement between you and Blue Moon OS LLC ("we", "us", "our"). Kayson OS is a product of Blue Moon OS LLC, and references to "Kayson OS" or "the Service" mean that product.

"You" means the person accepting these Terms and, where you accept on behalf of a company, that company as well. If you accept for a company, you confirm that you are authorised to bind it.

If you do not agree to these Terms, do not use the Service.

• You must be at least 18 years old and able to enter into a binding contract.
• You must give accurate, current information when you register and keep it up to date.
• You are responsible for your credentials, and for everything done through your account.
• Accounts belong to the company that created them. A company may invite team members and assign them roles, and is responsible for what those members do.
• Tell us promptly if you believe your account has been compromised.
• We may refuse or cancel an account, and may decline to provide the Service, subject to applicable law.

Kayson OS is software for construction businesses: projects, estimates and takeoffs, quotes, invoices, change orders, expenses, documents, photographs, schedules, and team and client records.

The Service is a record-keeping and workflow tool. It is not a licensed contractor, engineer, architect, surveyor, accountant, tax adviser, lawyer, insurance broker or building official, and it does not provide professional advice. You are responsible for the work you do and the decisions you make with it.

You agree not to:

• use the Service unlawfully, or to facilitate anything unlawful;
• upload content you do not have the right to upload;
• upload malware, or attempt to gain unauthorised access to the Service or to another customer’s data;
• probe, scan or test the vulnerability of the Service, or bypass its limits or authentication;
• scrape, resell, sublicense or white-label the Service without our written permission;
• share your credentials, or let anyone use your account to avoid paying for a seat;
• store or transmit defamatory, harassing, infringing or otherwise unlawful material;
• use the Service to build or train a competing product;
• interfere with the Service, or with another customer’s use of it.

We may remove content or suspend an account that breaches this section. Where a breach can be put right, we will normally give you notice and a reasonable chance to fix it first.

You own your data. We claim no ownership of the projects, documents, photographs, financial records, client and employee details, or anything else you put into the Service.

You grant us a limited, worldwide, non-exclusive licence to host, copy, transmit, process, back up and display your content — only as needed to operate and support the Service, to secure it, and to comply with law. That licence ends when your content is deleted, except for copies held in backups that roll off on their own schedule and anything we are required to keep by law.

You are responsible for the accuracy, quality and legality of your content, for having the rights to use it, and for the consequences of putting it into the Service.

We do not sell your data, and we do not use it to train generalised AI models. See the Privacy Policy for detail.

Blue Moon OS LLC owns the Service — its software, design, branding, documentation, and everything we create for it. These Terms give you a right to use the Service. They do not give you ownership of any part of it.

If you send us feedback or suggestions, we may use them without any obligation to you.

We retain all rights in our trademarks, logos and branding. You may not use them without our written permission, except as we expressly allow.

Construction work runs on drawings, specifications and photographs that usually belong to someone else. Architectural and engineering drawings in particular are almost always protected by copyright, and are often licensed for a single project.

By uploading a plan, document, photograph or any other file, you represent that you have the right to do so, and that doing so does not infringe anyone else’s rights or breach any confidentiality obligation. Where a licence restricts use to a particular project, you are responsible for staying within it.

If you believe content on the Service infringes your copyright, send a notice to dmca@kaysonos.com that includes: your contact details; identification of the work; identification of the allegedly infringing material and where it appears in the Service; a statement that you have a good-faith belief the use is not authorised by the owner, its agent or the law; a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or are authorised to act for them; and your physical or electronic signature.

We will remove or disable access to material identified in a valid notice, tell the person who posted it, and give them an opportunity to submit a counter-notice. We will terminate the accounts of repeat infringers.

Our designated agent for copyright notices can be reached at dmca@kaysonos.com.

Kayson OS lets you share a project, photograph, note, contact, plan or document with another company — a subcontractor or an architect, for example — and lets companies connect to one another through the Company Network.

When you share, the other company and its users can see what you shared and work with it. Sharing is controlled by you and by the permissions in the Service. Review who you share with before you do it.

If you accept a connection or a project invitation, you may see another company’s data. You agree to use it only for that project, and not to copy, retain or reuse it outside the Service.

Information you publish to a Company Network profile or to a public portfolio is visible to others, including people who are not users of the Service.

Some features use artificial intelligence: summaries, task and schedule generation, scope writing, takeoffs, material lists, receipt and business card scanning, transcription, and the in-app assistant.

AI output can be wrong, incomplete, or confidently mistaken. Treat everything it produces as a first draft that a qualified person must check.

You are responsible for reviewing and correcting AI output before you rely on it or send it to anyone. That includes quotes, estimates, measurements, schedules, financial records, contracts and client communications.

Do not rely on AI output as a substitute for professional judgement, engineering, architectural or code review, permitting, or verification in the field.

What happens to what you send: prompts, the files or text you attach, and the resulting output are processed to return a result, and may be stored in your account as part of your records. We do not use your content to train generalised AI models, and we do not permit our providers to. The Privacy Policy names the providers involved and explains retention.

AI usage is metered. Your plan includes an allowance, and additional usage may be available to purchase. We may change allowances on notice.

• Quantities, measurements, takeoffs and cost figures are estimates derived from the information you provide and the documents you upload. They are only as accurate as that information.
• You must verify quantities and scope against the actual site and the current drawings before you price or build to them.
• Schedules are planning aids. They do not account for weather, permitting, inspections, material lead times, change orders or site conditions unless you enter them.
• Cost data, rates and pricing suggestions are reference points. They are not quotes and they are not guarantees.
• Permit, code, licensing, lien, notice and retainage requirements remain entirely yours to identify and to meet.

The Service lets documents be signed electronically and, once finalized, locked as a record. By using those features you consent to transact electronically and to use electronic signatures under the federal Electronic Signatures in Global and National Commerce Act and applicable state law, including the California Uniform Electronic Transactions Act.

When a document is finalized, we compute a fingerprint of its business content and store the time and the identity of the person who finalized it. That fingerprint is evidence that the content has not changed since finalization. It is not a notarisation, it is not an attestation of the identity of a signer, and it is not a guarantee that a signer had authority to sign.

You are responsible for obtaining any consent, witnessing, notarisation or recording that the law or a contract requires, and for keeping any original or wet-ink document where one is needed.

We are not a party to your contracts. We are not a party to any dispute between you and your client, and we are not an evidence custodian for it.

This section covers money your clients pay you through the Service. It is separate from what you pay us, which the next two sections cover.

• Payments from your clients are processed by Stripe through a Stripe Connect account held in your name. You are the merchant of record and the seller. We are not.
• You are responsible for your own pricing, taxes, invoicing, refunds, disputes, chargebacks, and compliance with card network rules and applicable law.
• We do not hold, take possession of, or transmit your clients’ funds. We are not a money transmitter, escrow agent or payment processor.
• Fees, payout timing and any reserve terms are set by Stripe and by your agreement with Stripe, not by us.
• We may suspend payment features if Stripe disables your account, or if we reasonably believe the feature is being used for fraud or unlawful activity.
• We are not responsible for a client’s failure to pay, or for a payment that is reversed, disputed or charged back.

Paid plans renew automatically. Please read this section before you subscribe.

Paid plans are billed in advance on a recurring basis — monthly or annually, as shown at checkout — and renew automatically at the end of each period at the then-current price until you cancel. The amount, the billing interval and the renewal date are shown at checkout before you pay.

By subscribing, you authorise us and our payment processor to charge your chosen payment method on each renewal date.

If the amount or the billing interval changes materially, we will tell you before the change takes effect and give you the opportunity to cancel first.

You can cancel at any time from Plans and billing inside the app — the same place you subscribed. Cancelling stops the next renewal. Your plan stays active until the end of the period you have already paid for, and then it ends.

If a payment fails, we may retry it and may suspend or downgrade your workspace if it remains unpaid. We will tell you before we do.

Prices are exclusive of taxes unless stated otherwise. You are responsible for sales, use and similar taxes, other than taxes on our net income.

A purchase made through a mobile app store is governed by that store’s terms and billed by it. Cancellation for those purchases is handled in the store.

• Cancellation is available in the app at any time, and is as simple as subscribing was.
• Fees already paid are not refundable, except where the law requires it, or where we choose to refund for a billing error or a material failure of the Service.
• When you cancel or your subscription ends, your workspace moves to a read-only window, then to a retention window, and then your data is deleted. The Privacy Policy sets out the timings, and the app shows you the deletion date.
• If you subscribe to Data Vault, your data is preserved without active access for as long as that subscription is paid, and the deletion countdown is paused.
• Where a promotional period or a demo workspace converts to a paid plan, the price and the conversion date are shown before you subscribe.

• Each plan includes a number of seats, a storage allowance and a monthly AI allowance.
• If you downgrade, seats beyond the new plan’s limit are frozen rather than deleted. Frozen members keep their data and can be re-seated if you upgrade again.
• If you reach your storage limit, uploads stop until you remove files or add storage. We will tell you when you reach it.
• We may change plan features and allowances on notice. We will not reduce what you have already paid for during a period you have paid for.

We work to keep the Service available, but we do not guarantee uninterrupted or error-free operation. Maintenance, third-party outages and events beyond our control may interrupt it.

We may add, change or retire features. We may also discontinue the Service, in which case we will give you reasonable notice and a practical way to export your data.

You may stop using the Service and cancel at any time.

We may suspend or terminate your access if you materially breach these Terms, if your payment remains unpaid, if the law requires it, or if your use creates a risk to the Service or to others. Where it is reasonable to do so, we will give you notice and a chance to put the problem right first.

If we terminate for our own convenience, we will refund any prepaid fees for the unused part of the period.

Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnity and governing law — survive it.

You can export your project and financial data while your workspace is active, and we encourage you to. Export tools are in the app.

When your workspace ends, the retention schedule in the Privacy Policy applies. Once data is deleted it cannot be recovered.

You can request deletion of your account at any time from Settings.

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, accuracy and non-infringement.

We do not warrant that the Service will be uninterrupted, secure or error-free, that defects will be corrected, that data will never be lost, or that any output — including AI output, and any calculation, estimate or report — is accurate or suitable for your purposes.

Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you. Nothing here limits a warranty that cannot lawfully be limited.

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, or the cost of substitute services, arising out of or relating to the Service.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Service is limited to the greater of the fees you paid us in the twelve months before the claim, or one hundred US dollars.

These limits apply regardless of the theory of liability, and even if we have been advised of the possibility of the loss.

These limits are not absolute. They cannot exclude liability the law does not allow to be excluded — including, where applicable, liability for fraud, wilful misconduct or gross negligence, for death or personal injury, or for breach of a right that cannot be waived.

You will defend, indemnify and hold harmless Blue Moon OS LLC and its officers, members, employees and suppliers from any claim, loss, liability, damage, fine, cost or expense (including reasonable legal fees) arising out of: your content; your use of the Service; your breach of these Terms; your violation of law or of anyone else’s rights, including intellectual property rights; your contracts and dealings with your clients, subcontractors and employees; and any claim that you did not have the right to upload content that you uploaded.

We will tell you promptly about a claim for which we seek indemnity, and you will not settle a claim in a way that admits fault on our part without our consent.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting a formal proceeding, you and we agree to try to resolve the dispute informally by written notice, and to negotiate in good faith for 30 days.

If the dispute is not resolved, it will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Orange County, California, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this clause.

You and we each waive the right to a jury trial and the right to bring or participate in a class, collective or representative action. Each party may bring claims only in an individual capacity.

You may opt out of this arbitration clause by writing to legal@kaysonos.com within 30 days of first accepting these Terms and saying that you opt out. Opting out does not affect any other part of these Terms.

Either party may bring an individual action in small claims court, or seek injunctive relief in court to protect its intellectual property or to stop unauthorised use of the Service.

We may update these Terms. When we make a material change, we will publish the new version, update the effective date and the version number, and ask you to accept it before you continue using the Service.

If you do not agree to a change, stop using the Service and cancel before the change takes effect. We keep a record of which version you accepted and when you accepted it.

We may send notices to the email address on your account, or post them in the Service. Notices to us should go to support@kaysonos.com, and legal notices to legal@kaysonos.com.

Our mailing address is Blue Moon OS LLC — mailing address to be added.

• Entire agreement: these Terms, together with the Privacy Policy and any Data Processing Addendum we sign with you, are the whole agreement between us on this subject.
• Assignment: you may not assign these Terms without our consent. We may assign them to a successor in connection with a merger, acquisition or sale of assets.
• No waiver: if we do not enforce a provision, that is not a waiver of it.
• Severability: if a provision is unenforceable, the rest stays in force, and the unenforceable part is limited to the minimum extent necessary.
• Force majeure: neither party is liable for delay caused by events beyond its reasonable control.
• Independent contractors: we are not partners or joint venturers, and neither is the agent of the other.
• Headings are for convenience and do not affect how these Terms are read.