Kastana

Terms of Service

Last updated: May 16, 2025

1. Acceptance of Terms

By accessing or using the services provided by Kastana ("Company," "we," "our," or "us"), including our website (kastana.software), mobile applications, software, and other products and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and Kastana. You represent and warrant that you have the authority to enter into this agreement. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

2.1 Services Overview

Kastana provides various digital development services, including but not limited to:

  • Web application development and maintenance
  • Mobile application development for iOS and Android platforms
  • Cloud architecture and implementation
  • API development and integration
  • UI/UX design
  • Software testing and quality assurance
  • DevOps and deployment services
  • Technical consulting

The specific details, deliverables, timelines, and costs of our Services will be outlined in a separate agreement or statement of work between Kastana and the client.

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, including the availability of any Service feature, database, or content. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

3. User Accounts

3.1 Account Creation

Some of our Services may require you to create an account. When you create an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

4. User Conduct

When using our Services, you agree not to:

4.1 Prohibited Activities

  • Violate any applicable local, state, national, or international law or regulation
  • Infringe the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights, or other proprietary rights
  • Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or use the Services for fraudulent purposes
  • Attempt to gain unauthorized access to our Services, other accounts, computer systems, or networks connected to our Services
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Use the Services to harm minors in any way
  • Use the Services to transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation
  • Use the Services to transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment
  • Collect or store personal data about other users without their express consent

4.2 Monitoring and Enforcement

We have the right (but not the obligation) to:

  • Investigate any suspected violation of these Terms
  • Take appropriate legal action against anyone who, in our sole discretion, violates these Terms
  • Remove or refuse to display content that we believe violates these Terms or may be offensive, illegal, or violate the rights of any person or entity
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms

5. Intellectual Property Rights

5.1 Kastana's Intellectual Property

The Services and all materials therein, including, without limitation, the Kastana name, logo, software, designs, text, graphics, pictures, information, data, audio, videos, and other files, and their selection and arrangement (collectively, "Materials"), are the proprietary property of Kastana or its licensors. The Materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 License to Use Materials

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Materials for your personal or internal business purposes in connection with your use of the Services. This license is subject to these Terms and does not include:

  • The right to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Materials in whole or in part
  • The right to use any data mining, robots, or similar data gathering or extraction methods
  • Any rights not expressly granted to you

5.3 Client Materials and Deliverables

The ownership of materials and deliverables created by Kastana for clients will be governed by the specific agreement between Kastana and the client. Unless otherwise specified in such agreement:

  • All intellectual property rights, including copyrights, in the deliverables created specifically for a client shall be assigned to the client upon full payment for the Services
  • Kastana retains ownership of all pre-existing materials, tools, frameworks, and methodologies used to create the deliverables
  • Kastana may retain a copy of all deliverables for archival purposes and to provide ongoing support
  • Kastana may use general concepts, ideas, and techniques developed during the provision of Services for other clients, as long as no confidential information is disclosed

6. Payment Terms

6.1 Fees and Payment

The fees for our Services will be specified in the agreement between Kastana and the client. Unless otherwise specified:

  • All fees are quoted in U.S. dollars and are exclusive of applicable taxes
  • Payment is due according to the payment schedule specified in the agreement
  • For ongoing services, we may issue invoices on a monthly basis
  • Invoices are due within 30 days of issuance
  • We reserve the right to charge interest on late payments at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower

6.2 Taxes

You are responsible for all taxes, duties, levies, or similar governmental assessments applicable to your use of the Services, excluding taxes based on Kastana's net income.

6.3 Refunds

Our refund policy will be specified in the agreement between Kastana and the client. Unless otherwise specified, fees paid for our Services are non-refundable.

6.4 Fee Changes

We reserve the right to change our fees at any time. If we change our fees for an ongoing service, we will provide notice of the change at least 30 days before the change takes effect.

7. Confidentiality

Each party may have access to confidential information of the other party. Confidential information means any information disclosed by one party to the other that is marked as confidential or that would normally be considered confidential under the circumstances.

Each party agrees to:

  • Maintain the confidentiality of the other party's confidential information
  • Use the confidential information only for the purpose of performing its obligations or exercising its rights under these Terms
  • Protect the confidential information from unauthorized use, access, or disclosure with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care
  • Disclose confidential information only to those employees, contractors, and agents who have a need to know such information and who are bound by confidentiality obligations at least as restrictive as those contained herein

These confidentiality obligations do not apply to information that:

  • Is or becomes generally known to the public through no fault of the receiving party
  • Was known to the receiving party prior to disclosure by the disclosing party
  • Is lawfully obtained from a third party without restriction on use or disclosure
  • Is independently developed by the receiving party without use of the disclosing party's confidential information
  • Is required to be disclosed by law, provided that the receiving party gives the disclosing party prompt notice of such requirement and cooperates with the disclosing party in seeking a protective order or other appropriate remedy

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

KASTANA DOES NOT WARRANT THAT:

  • THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
  • ANY ERRORS OR DEFECTS WILL BE CORRECTED
  • THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KASTANA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT SHALL KASTANA'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE GREATER OF:

  • THE AMOUNT PAID BY YOU TO KASTANA FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY
  • $100 USD

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Kastana, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Services, including, but not limited to, any use of the Materials other than as expressly authorized in these Terms
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
  • Any content or materials you provide to Kastana or upload using the Services
  • Any claim that your content caused damage to a third party

10. Termination

10.1 Termination by You

You may terminate your use of the Services at any time by discontinuing use of the Services and closing your account (if applicable). Termination of specific Services provided under a separate agreement will be governed by that agreement.

10.2 Termination by Kastana

We may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.

10.3 Effect of Termination

Upon termination:

  • Your right to use the Services will immediately cease
  • We may delete or archive any content or data associated with your account
  • All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our website or by sending you an email. Your continued use of the Services after such modifications will constitute your acknowledgment of the modified Terms and agreement to be bound by them.

If you do not agree to the new Terms, you are no longer authorized to use the Services.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim against Kastana, you agree to attempt to resolve the dispute informally by contacting us at legal@kastana.software. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may proceed with a formal claim.

13.2 Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be finally resolved by arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitration shall take place in Portland, Oregon, and shall be conducted in the English language.

13.3 Class Action Waiver

YOU AND KASTANA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any other agreements between you and Kastana relating to the Services, constitute the entire agreement between you and Kastana regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Kastana's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Kastana's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Kastana may assign or transfer these Terms, at its sole discretion, without restriction.

14.5 Force Majeure

Kastana shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, strikes, or other labor disturbances.

15. Contact Information

If you have any questions about these Terms, please contact us at: