Last Updated: February 28, 2026
These Terms of Service (“Terms”) govern your access to and use of: (a) Kateva, Inc.’s websites where these Terms are posted (the “Website”), (b) Kateva’s business-facing customer relationship management software application and related hosted services, including mobile and web applications, APIs, and related features (collectively, the “Platform” or “App”), and (c) any consulting and professional services (“Professional Services”) provided by Kateva, Inc. (“Kateva,” “we,” “us,” or “our”).
By accessing or using the Website or Platform, creating an account, requesting or receiving Professional Services, and/or paying any invoice that references these Terms, you agree to be bound by these Terms. If you do not agree, do not use the Website, Platform, or Professional Services.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision and class action waiver in Section 18 that affect your legal rights.
Contact:
Kateva, Inc.
10460 Roosevelt Blvd N
Suite 298
St Petersburg, FL 33716
[email protected] | 470.610.6555
1. Definitions
- “Customer” means the business entity or other organization agreeing to these Terms. If an individual accepts these Terms on behalf of an entity, that individual represents they have authority to bind the entity.
- “Authorized User” means an individual authorized by Customer to use the Platform under Customer’s account.
- “Order” means an order form, in-app purchase, online checkout, or other ordering process that identifies subscriptions, add-ons, quantities, term, and fees.
- “Subscription” means the right to access and use the Platform for a stated term, subject to the applicable Order.
- “Add-Ons” means optional paid expansion features, additional modules, usage entitlements, or upgrades, whether subscription-based or one-time, as described in an Order or in-app store.
- “Customer Data” means data, content, and materials submitted to the Platform by or on behalf of Customer or Authorized Users.
2. Eligibility; Business Use
2.1 Business Use
The Platform is intended for business and commercial use.
2.2 Age
Authorized Users must be at least 18 years old (or the age of majority where they live) and able to form a binding contract.
2.3 Authority
If you accept these Terms for an entity, you represent you have authority to do so.
3. Accounts; Administration; Security
3.1 Account Registration
Customer must provide accurate and complete account information and keep it current.
3.2 Administrators
Customer is responsible for managing its Authorized Users, including provisioning, permissions, and access controls.
3.3 Credentials
Customer is responsible for maintaining the confidentiality of login credentials and for all activity under its account. Customer will promptly notify Kateva of any suspected unauthorized access.
3.4 Customer Controls
Customer is responsible for configuring the Platform appropriately for its use cases and for implementing internal policies for Authorized Users.
4. License Grant; Restrictions
4.1 License
During the applicable Subscription term and subject to timely payment and compliance with these Terms, Kateva grants Customer a revocable, non-exclusive, non-transferable, limited license to access and use the Platform for Customer’s internal business purposes, and to permit Authorized Users to do the same on Customer’s behalf.
4.2 Restrictions
Customer will not (and will not allow others to):
- reverse engineer, decompile, or attempt to derive source code (except to the extent such restriction is prohibited by law);
- copy, modify, or create derivative works of the Platform;
- access the Platform to build a competing product or to benchmark publicly without Kateva’s written consent;
- interfere with or disrupt the Platform, including attempting to bypass rate limits or security controls;
- access the Platform via automated means except through documented APIs as permitted by Kateva;
- resell, rent, lease, timeshare, or provide the Platform as a service bureau unless expressly permitted in an Order;
- remove or alter proprietary notices.
5. Acceptable Use (CRM-Specific)
Customer and Authorized Users will not use the Platform to:
- send spam or unsolicited communications, or run campaigns that violate applicable marketing laws (including CAN-SPAM, TCPA, and similar laws);
- upload or transmit malware or malicious code;
- store, process, or transmit unlawful content;
- collect or process personal data without appropriate rights, notices, and consents;
- exploit the Platform to attempt unauthorized access to systems or data;
- use the Platform in a way that materially exceeds reasonable use or creates undue burden on the Platform.
6. Orders; Professional Services; Order of Precedence
6.1 Orders
Subscriptions and Add-Ons are purchased via Orders. Each Order is governed by these Terms.
6.2 Professional Services
Professional Services may be provided on a time-and-materials basis unless an Order or invoice states otherwise.
6.3 Ordre of Precedence
If there is a conflict: (1) an Order that expressly overrides a specific section of these Terms controls for that specific subject; otherwise (2) these Terms control.
7. Fees; Payment; Taxes
7.1 Fees
Customer will pay all fees stated in the applicable Order or invoice.
7.2 Invoiced Professional Services
Payment terms are as stated on the invoice; if not stated, payment is due within fifteen (15) days of the invoice date.
7.3 Late Payments
Past-due amounts may accrue interest at the lesser of (a) 1.5% per month or (b) the maximum rate permitted by law. Kateva may suspend access for non-payment after reasonable notice.
7.4 Taxes
Fees are exclusive of applicable taxes. Customer is responsible for all applicable taxes (excluding taxes on Kateva’s net income).
8. Acceptance and Scope
8.1 Term
Subscription terms are stated in the applicable Order.
8.2 Auto-Renewal
If Customer purchases a Subscription directly from Kateva (not through an app store) and auto-renewal is enabled in the Order or checkout flow, the Subscription will automatically renew for successive renewal terms unless Customer cancels before renewal. Customer authorizes Kateva (or its payment processor) to charge the applicable fees at the start of each billing period.
8.3 Add-Ons
Add-Ons may have their own billing cadence or term as described at purchase. Unless stated otherwise, Add-Ons co-terminate with the underlying Subscription and may be prorated.
8.4 Trials/Promotions
If Kateva offers a free trial or promotional period, the duration, conversion, and pricing will be disclosed at sign-up. Unless disclosed otherwise, trials convert to paid subscriptions at the end of the trial unless canceled beforehand.
8.5 Price Changes
Kateva may change fees for renewals and Add-Ons upon reasonable prior notice. Price changes typically take effect at renewal or as otherwise stated in the notice.
8.6 Cancellations (Direct Billing)
Customer may cancel a directly billed Subscription as described in the Platform (account settings) or by contacting Kateva at [email protected]. Unless stated otherwise, cancellation takes effect at the end of the current paid term; fees already paid are non-refundable except as required by law or expressly stated by Kateva in writing.
9. App Store Purchases (Apple App Store/Google Play)
9.1 Store Terms Control Billing
If Customer or an Authorized User purchases a Subscription or Add-On through Apple’s App Store or Google Play (an “App Store Purchase”), billing, renewals, cancellations, and refunds are handled by the applicable store and are subject to that store’s terms and policies.
9.2 Refunds
For App Store Purchases, Customer and Authorized Users must request refunds through the applicable store unless required otherwise by law.
9.3 Cancellation Pathways
For Google Play subscriptions, users can cancel via the Play Store and, where applicable, Kateva will provide an in-app and/or website cancellation option (including via deep links) consistent with platform requirements.
9.4 No Circumvention
Where required by platform rules, App Store Purchases must be made through the applicable store’s billing system.
10. Customer Data; Privacy; Security
10.1 Customer Data Ownership
As between the parties, Customer retains all rights in Customer Data.
10.2 Processing License
Customer grants Kateva a worldwide, non-exclusive license to host, store, transmit, display, process, and otherwise use Customer Data only as necessary to provide, maintain, secure, and improve the Platform and to perform Professional Services.
10.3 Customer Responsibilities for Data
Customer represents it has all rights, notices, and consents needed for Customer Data and for its use of the Platform, including for communications sent through the Platform.
10.4 Prohibited Data
Customer will not use the Platform to store or process: (a) protected health information regulated by HIPAA, unless Kateva has agreed in writing (including a business associate agreement); (b) payment card data subject to PCI DSS, unless expressly supported and agreed in writing; or (c) other highly sensitive data where use would impose special security or regulatory obligations not contemplated by these Terms.
10.5 Security
Kateva will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data. No system is perfectly secure; Kateva does not guarantee absolute security.
10.6 Privacy Disclosures
Kateva will make available privacy disclosures regarding its handling of personal data associated with the Website and Platform. Customer must review those disclosures and ensure its own use of the Platform complies with applicable privacy and data protection laws.
10.7 Data Requests
Customer is responsible for responding to requests from its end users or contacts (e.g., access, deletion, opt-out) and for using Platform tools (if available) or contacting Kateva for assistance as reasonably needed.
10.8 Data Retention/Deletion
Upon termination of a Subscription, Kateva may disable access to the Customer account and may delete Customer Data after a reasonable period, subject to legal requirements and Kateva’s backup/retention practices.
11. Third-Party Services
The Platform may interoperate with third-party services (integrations, app marketplaces, APIs). Third-party services are governed by their own terms and privacy policies. Kateva is not responsible for third-party services.
12. Intellectual Property; Feedback
12.1 Platform IP
Kateva retains all rights in the Website, Platform, and related technology, including all improvements and derivatives.
12.2 Feedback
If Customer provides suggestions or feedback, Customer grants Kateva a perpetual, irrevocable, worldwide right to use it without restriction or compensation.
13. Confidentiality (Professional Services)
If Customer receives non-public information from Kateva in connection with Professional Services, Customer will use reasonable care to protect it and will use it only for the business purposes contemplated by the engagement.
14. Disclaimer of Warranties
THE WEBSITE, PLATFORM, PROFESSIONAL SERVICES, AND ANY WORK PRODUCT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, KATEVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KATEVA DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
15. Indemnification
15.1 By Customer
Customer will defend, indemnify, and hold harmless Kateva and its officers, directors, employees, and contractors from and against third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Customer Data;
- Customer’s or Authorized Users’ use of the Website or Platform (including communications sent through the Platform); or
- breach of these Terms or violation of law, except to the extent caused by Kateva’s gross negligence or willful misconduct.
15.2 Procedure
The indemnified party will promptly notify the indemnifying party and reasonably cooperate. The indemnifying party will control the defense and settlement, provided it may not settle any claim that admits fault or imposes non-monetary obligations on the indemnified party without written consent.
16. Limitation of Liability
16.1 Damages Exclusion
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KATEVA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
16.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KATEVA’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE, PLATFORM, PROFESSIONAL SERVICES, ANY ORDER, OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO KATEVA FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT FIRST GAVE RISE TO THE CLAIM.
17. Term; Suspension; Termination
17.1 Term
These Terms remain in effect while Customer uses the Website or Platform or receives Professional Services.
17.2 Suspension
Kateva may suspend access for non-payment, security risk, legal compliance, or material breach of these Terms.
17.3 Termination by Customer
Customer may terminate a Subscription per Section 8 (direct billing) or per the applicable app store process (App Store Purchases).
17.4 Termination by Kateva
Kateva may terminate an Order or Subscription for Customer’s material breach, including non-payment, upon reasonable notice and opportunity to cure where feasible.
17.5 Effect of Termination
Upon termination, Customer’s right to access the Platform ends. Sections intended to survive (including fees owed, confidentiality, IP, indemnity, limitations, and dispute resolution) survive.
18. Dispute Resolution; Arbitration; Governing Law (Florida)
18.1 Good-Faith Negotiation
The parties will attempt in good faith to resolve disputes for at least thirty (30) days after written notice.
18.2 Binding Arbitration
Any dispute not resolved by negotiation will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will take place in Pinellas County, Florida unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.
18.3 Exceptions
Either party may seek temporary or preliminary injunctive relief in court to protect confidential information or intellectual property, and/or seek judicial relief to collect undisputed overdue amounts.
18.4 Class Action Waiver
Arbitration will be conducted only on an individual basis. No party may bring a claim as a plaintiff or class member in any class, collective, consolidated, or representative proceeding.
18.5 Waiver of Jury Trial
EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
18.6 Governing Law
These Terms and any dispute are governed by Florida law, without regard to conflict-of-laws rules.
19. Apple/Google Platform Additional Terms (Mobile App)
This Section 19 applies only to the extent you access the App through Apple’s App Store or Google Play.
19.1 Third-Party Terms
You must comply with applicable third-party terms (including Apple’s and Google’s terms) when using the App.
19.2 Apple Acknowledgment
If you access the App on iOS:
- Apple is not a party to these Terms;
- Kateva (not Apple) is responsible for the App and any required support, maintenance, and handling of claims related to the App; and
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as a third-party beneficiary.
19.3 EULA Priority (iOS)
Your use of the iOS version of the App is subject to either Apple’s Standard EULA or a custom EULA between you and Kateva, as applicable. To the extent required by Apple’s terms, Apple’s Standard EULA (or a valid custom EULA) governs the license aspects of the iOS App.
20. Changes to These Terms
Kateva may update these Terms from time to time by posting an updated version on the Website. Changes are effective when posted unless a later effective date is stated. If Customer has an active Subscription, material changes will generally apply at renewal or as otherwise required by law.
21. Miscellaneous
21.1 Independent Contractor
Kateva is an independent contractor and not an employee, agent, partner, or joint venturer of Customer.
21.2 Assignment
Customer may not assign these Terms without Kateva’s prior written consent, except in connection with a merger or sale of substantially all assets. Kateva may assign these Terms to an affiliate or successor.
21.3 Severability
If any provision is unenforceable, the remaining provisions remain in effect.
21.4 Entire Agreement
These Terms and the applicable Order(s) constitute the entire agreement regarding the Website, Platform, and Professional Services and supersede prior or contemporaneous communications on that subject.