Terms of Service
The agreement between your business and Kasymir: what we provide, what you can expect and what we expect from you.
01About these terms
These Terms of Service ("Terms") apply to every Kasymir product: the point of sale, the back office (inventory, warehouses, purchases, customers, invoices, teams), payments and payouts, the wallet, lending offers shown inside the app, online store connections, computer vision and the Kasymir web and phone apps (together, the "Service"). "Kasymir", "we" and "us" mean KASYMIR LLC, a Florida limited liability company. "You" means the business that opens the account and the person accepting these Terms for it.
If you accept for a business, you confirm you are allowed to bind it. Some features have extra terms that appear when you turn them on (for example, a payment processor's agreement or a lender's offer). If those extra terms conflict with these Terms, the extra terms win for that feature only.
02Your account
- You must be at least 18 years old and use Kasymir for a business, not for personal or household purposes.
- When you sign up you choose the country where your business operates (today, the United States or Colombia). Give us accurate, complete information and keep it up to date.
- You are responsible for every person you invite (staff, managers, cashiers) and for what they do with the roles you give them.
- Keep passwords and sign-in codes private. Tell us right away at the address below if you think someone used your account without permission.
- We may ask for documents to confirm your identity or your business, especially before turning on payments or payouts.
03What Kasymir provides
Kasymir gives you software to sell in store and online, manage stock, buy from providers, keep customer records, send invoices, manage teams, see analytics and, if you turn it on, read video from your store cameras. We keep improving the Service, so features may change, be added or be retired. When a change removes something you rely on, we will give reasonable notice when we can.
Some features may be marked as early access or beta. They may be less reliable and can change or end without notice.
04Plans, fees and taxes
- Fees for plans, add-ons and payment processing are shown in the app or in your order before you accept them. We do not charge fees you have not been shown.
- Unless a page says otherwise, fees are billed in advance for each billing period and are not refundable for partial periods.
- You are responsible for taxes that apply to your use of the Service, except taxes on our own income. Where the law requires, we add sales or similar taxes to our invoices.
- We may change our fees with at least 30 days' notice. The change applies from your next billing period.
- If a payment to us fails, we may pause paid features until it is paid.
05Payments, wallet and payouts
When you accept payments through Kasymir, the money is handled by one or more third-party payment processors and their partner banks. To use payments you must also accept the processor's own terms, which we show when you turn payments on. Kasymir is a software company, not a bank or money transmitter, and does not hold your funds.
- Payout timing depends on the processor, your bank and any review the processor runs. The wallet shows balances and payouts as reported by the processor.
- Processors may hold, delay or reverse funds for refunds, disputes (chargebacks), suspected fraud or legal reasons. Disputes raised by your customers are between you and your customer; fees and reversed amounts for them are your responsibility.
- You must follow card network rules and the processor's acceptable-use rules, give customers clear receipts and honor your own refund policy.
06Lending offers
Kasymir may show you financing offers from lending partners. Each partner sets its own eligibility, amounts, costs and repayment terms, which are shown in the offer before you accept. Kasymir is not the lender, does not set those terms and does not guarantee approval. We share information about your business with a lending partner only when you ask to see or accept an offer, as described in our Privacy Policy.
07Computer vision and cameras
Kasymir can read video from a phone placed in your store or from cameras you already own, to count people, measure visits and time spent, watch staff-only zones and estimate trends. It can estimate a person's gender from body appearance (it does not estimate age). It also offers optional face re-identification and named enrollment, which recognize a returning face. These are off by default and you choose whether to turn them on.
Your responsibilities
- Place cameras only where recording is lawful and expected. Never in restrooms, fitting rooms or other private spaces.
- Post clear notices that video is recorded and analyzed, as required where you operate.
- Before turning on face re-identification or named enrollment, get any consent the law requires and follow local rules on biometric information. Examples include the Illinois Biometric Information Privacy Act, the Texas law on biometric identifiers and Colombian data protection law, where biometric data is sensitive data that needs prior, express consent. Do not turn these features on where you cannot meet those rules.
- Do not use detections alone to accuse, deny service to or take action against a person. Results are estimates and can be wrong.
We process camera video on your behalf, only to provide the features you turn on, and handle it as described in our Privacy Policy.
08Online stores and other connected services
You can connect Kasymir to e-commerce platforms, payment partners and other services. Those services are run by their providers, under their own terms and privacy policies. We are not responsible for them, and a change on their side can affect what Kasymir can do. When you connect one, you allow us to send and receive the data needed for it to work (for example, products, prices, stock and orders). You can disconnect at any time.
09Acceptable use
You agree not to:
- break any law, including consumer protection, tax, export, anti-money-laundering and privacy laws;
- sell illegal goods or services, or goods and services that our payment partners do not allow;
- misuse camera features for stalking, harassment, discrimination or secret surveillance;
- upload malware, try to break into the Service, or test its security without our written permission;
- copy, resell or reverse engineer the Service, or use it to build a competing product;
- overload the Service or access it with automated tools except through the connections we offer.
10Your data and your customers' data
You own the content you put in Kasymir: products, prices, photos, records, video and reports ("Your Content"). You give us permission to host, copy, process and show Your Content only as needed to run, secure and improve the Service for you and as described in our Privacy Policy.
When you store information about your customers, staff or other people (including camera video), you are responsible for having a legal basis to collect it, giving them any required notice, and answering their requests. We process that information on your behalf and follow your instructions given through the Service. You can export your data while your account is open.
11AI features
Kasymir uses artificial intelligence to write summaries, forecasts and suggestions from your sales and, if enabled, your camera data. These outputs are estimates. Review them before making business decisions, and do not use them as the only basis for decisions about individual people.
12Our rights and your feedback
The Service, its software, designs, logos and the Kasymir name belong to us or our licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your business while your account is active. If you send us feedback or ideas, we may use them without any obligation to you.
13Suspension and closing an account
- You can close your account from the app or by writing to us. Fees already paid are not refunded unless the law requires it.
- We may suspend or close your account, with notice when possible, if you break these Terms, a payment partner asks us to, there is a risk of fraud or harm, or the law requires it.
- After closing, you have 30 days to export your data. After that we delete it or make it anonymous, except what we must keep by law (for example, tax and payment records).
- Sections that by their nature should continue (fees owed, data, liability, disputes) continue after closing.
14Disclaimers
To the fullest extent the law allows, the Service is provided "as is" and "as available". We do not promise that it will be uninterrupted, error-free or that results (including counts, detections and forecasts) will be accurate. Where the law does not allow these disclaimers, they apply only as far as allowed.
15Limitation of liability
To the fullest extent the law allows, Kasymir is not liable for indirect, incidental, special or consequential damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim related to the Service is limited to the fees you paid us for the Service in the 12 months before the event that caused the claim. Nothing in these Terms limits liability that cannot be limited by law.
16Your responsibility to us
You agree to defend and compensate Kasymir, its members and staff for claims, fines and costs (including reasonable legal fees) that come from Your Content, your products and services, your use of camera features, your breach of these Terms or your breach of the law.
17Disputes and arbitration
- Talk to us first. Write to us with a description of the problem; we both try in good faith to solve it for 30 days.
- Arbitration. If it is not solved, the dispute is decided by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Palm Beach County, Florida, or online. Either side may instead use small claims court for claims that qualify.
- No class actions. Claims are brought only individually, not as a class or representative action.
- Opt out. You can opt out of arbitration by writing to us within 30 days of first accepting these Terms.
- Time limit. A claim must be started within one year after it arises, unless the law gives more time.
- For businesses in Colombia, mandatory Colombian rules apply where they cannot be waived by contract.
18Governing law
These Terms are governed by the laws of the State of Florida and the federal laws of the United States, without regard to conflict-of-law rules. Courts in Palm Beach County, Florida, have jurisdiction for any matter not sent to arbitration.
19Changes to these terms
We may update these Terms. For important changes we notify you by email or in the app at least 30 days before they take effect. If you keep using the Service after that, the new Terms apply. If you do not agree, you can close your account before they take effect.
20General
- These Terms and the documents they mention are the whole agreement between you and Kasymir about the Service.
- If a part is found unenforceable, the rest stays in force. Not enforcing a right is not a waiver.
- You may not transfer these Terms without our written consent. We may transfer them in a merger, acquisition or sale of assets.
- We send notices by email to your account owner or inside the app; you send notices to the address below.
- We may provide these Terms in Spanish. If the versions differ, the English version controls, except where the law requires otherwise.
Write to info@kasymir.com or by mail to KASYMIR LLC, 9935 Pineapple Tree Dr, Unit 202, Boynton Beach, FL 33436, United States.