Terms of Service

These Terms of Service ('Terms') govern your access to and use of the Kaapaan platform, website, and all related services (collectively, the 'Service') operated by Kaapaan ('Company', 'we', 'us', or 'our').

By accessing or using the Service, you confirm that you are at least 18 years of age, have the legal authority to enter into these Terms on behalf of yourself or your organization, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Service. Use of the Service constitutes ongoing acceptance of any updates to these Terms.

Kaapaan is an AI-powered Governance, Risk, and Compliance (GRC) platform that helps organizations achieve and maintain compliance readiness. The Service includes:

• AI-driven policy generation tailored to your organization's context and compliance framework.
• Risk identification, quantification, and management tools including a risk register and heatmap.
• SOC 2 and other framework control mapping, assessment, and gap analysis.
• Audit readiness tools including report generation, evidence management, and remediation roadmaps.
• Dashboard, analytics, and export capabilities.

The Service is currently in pre-launch. Features described herein represent the intended product and may be subject to change. Access is granted on a waitlist basis. We reserve the right to modify, suspend, or discontinue any part of the Service at any time without liability.

To access certain features of the Service, you may be required to register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate.
• Keep your login credentials confidential and not share them with any third party.
• Notify us immediately at legal@kaapaan.com if you suspect unauthorized access to your account.
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms, contain inaccurate information, or are inactive for an extended period, with or without notice.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Transmit any material that is defamatory, offensive, harmful, or otherwise objectionable.
• Attempt to gain unauthorized access to any part of the Service or its related systems.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Scrape, crawl, or use automated means to access the Service without our prior written consent.
• Introduce malware, viruses, or other malicious code into the Service.
• Use the Service to infringe upon any third party's intellectual property or privacy rights.
• Resell, sublicense, or otherwise make the Service available to third parties without our written authorization.
• Use the Service in any way that could damage, disable, overburden, or impair its functionality.
• Upload false, misleading, or fraudulent company profile data for the purpose of generating inaccurate compliance documentation.

Violation of this Acceptable Use policy may result in immediate termination of your account and, where appropriate, referral to law enforcement authorities.

The Service and its original content, features, functionality, design, and underlying technology are and will remain the exclusive property of Kaapaan and its licensors, protected by copyright, trademark, and other intellectual property laws.

Your Content: You retain ownership of all data, information, and materials you submit to the Service ('Your Content'). By submitting Your Content, you grant Kaapaan a limited, non-exclusive, royalty-free license to process, store, and use Your Content solely to provide and improve the Service.

AI-Generated Outputs: Documents, policies, reports, and other outputs generated by the Service using AI are provided for your use. You are responsible for reviewing, validating, and taking legal responsibility for any outputs you adopt, publish, or submit to third parties (including auditors). Kaapaan does not warrant that AI-generated outputs meet any specific legal, regulatory, or professional standard.

Feedback: Any feedback, suggestions, or ideas you provide regarding the Service may be used by Kaapaan without restriction and without compensation to you.

We understand that your compliance data is sensitive. We treat all company profile data, control responses, risk records, and related information you submit to the Service as confidential, and will not disclose it to third parties except as described in our Privacy Policy or as required by law.

You agree to treat as confidential any non-public information about Kaapaan's technology, roadmap, pricing, or business operations that you access or become aware of through use of the Service.

THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, KAAPAAN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• Any AI-generated policies, reports, or compliance outputs will be legally sufficient, accurate, complete, or suitable for any particular audit, regulatory submission, or legal purpose.
• The Service will meet your specific compliance requirements or result in certification under any framework.
• Any errors or defects in the Service will be corrected.

AI-generated compliance documentation is a tool to assist your compliance program — it is not legal advice. You should engage qualified legal counsel for advice specific to your situation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAAPAAN, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, business opportunities, or goodwill.
• The cost of procuring substitute services.
• Any damages arising from your reliance on AI-generated outputs, including failed audits or regulatory penalties.
• Any unauthorized access to or alteration of your data.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF KAAPAAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE EXTENT LIABILITY CANNOT BE FULLY EXCLUDED, KAAPAAN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO KAAPAAN IN THE 12 MONTHS PRIOR TO THE CLAIM OR (B) $100 USD.

Some jurisdictions do not allow exclusion of certain warranties or limitation of certain types of liability. In such jurisdictions, liability is limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless Kaapaan and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Service, including any outputs you rely upon or distribute.
• Your Content, including any claim that it infringes a third party's rights.
• Your violation of any law or the rights of a third party.

You may stop using the Service at any time. To delete your account, contact legal@kaapaan.com.

We may suspend or terminate your access to the Service immediately, without prior notice or liability, if:

• You breach any provision of these Terms.
• We are required to do so by law.
• We decide to discontinue the Service or any portion thereof.

Upon termination, your right to use the Service immediately ceases. Provisions that by their nature should survive termination (including intellectual property, disclaimer of warranties, limitation of liability, and indemnification) shall survive.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

You agree that any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction for matters involving intellectual property or confidentiality.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

Users in the EEA or UK may also have the right to bring claims before local courts or relevant dispute resolution bodies under applicable consumer protection law.

We reserve the right to modify these Terms at any time. We will provide reasonable notice of material changes via email or a prominent notice on the Platform at least 14 days before changes take effect.

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Kaapaan regarding the Service and supersede all prior agreements.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right.

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.

For questions about these Terms, contact legal@kaapaan.com.