Terms and Conditions
Welcome to Kaso.ai, the website and online and/or mobile service of Chef Supply Tech FZCO (collectively, " Kaso," " we ," " our" or " us"). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively, the" Service"). By accessing or using the Service, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this " Agreement") and have read and understood our Privacy Notice, whether or not you are a registered user of our Service. Kaso reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (" Users"), including Restaurant Owner and Vendors (as defined below), and this Agreement is made among you, and Kaso. Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1 Our Service
Kaso offers a service that enables (i) food service industry professionals (hereinafter the "Restaurant Owners", “Customer”, “User”, “Restaurant”) to communicate and transfer their orders (hereinafter the "Orders") to their food service vendors (hereinafter the " Vendors"), and(ii) Vendors to receive Orders from such Restaurant Owners, including via a software application. Kaso also enables payable express logistics service to Restaurant Owners.
1.1 Eligibility
This is a contract between you and Kaso. You must read and agree to these terms before using the Kaso Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Kaso, and only in compliance with this Agreement and all applicable local, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Kaso. In order to use the Service, you must be at least 18 years of age and able to form legally binding contracts under the relevant laws of the jurisdiction where you reside.
1.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Kaso reserves all rights not expressly granted herein in the Service and the Kaso Content (as defined below). Kaso may terminate this license at any time for any reason or no reason.
1.3 User Accounts
Your account on the Service (your " User Account") gives you access to the Service and functionality that we may establish and maintain from time to time and a tour sole discretion. We may maintain different types of User Accounts for different types of Users, such as Restaurant Owners and Vendors. If you open a User Account on behalf of a company, organization, or other entity, then (i)"you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. You may never use another User's User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. You must notify Kaso immediately of any breach of security or unauthorized use of your User Account. Kaso will not be liable for any losses caused by any unauthorized use of your User Account. You may control your User profile and how you interact with the Service by changing the settings in your profile or settings page. By providing Kaso your email address and/or phone number you consent to our using the email address and/or phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also send you other messages, such as messages regarding changes to features of the Service and special offers. If you do not want to receive such messages, you may be able to opt out or change your preferences in your profile or settings page or by otherwise contacting Kaso. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
Account Status: Your access to the Service is contingent upon maintaining an active subscription (for paid plans) and compliance with this Agreement. We may suspend or restrict access to your account for non-payment, violation of these terms, or suspicious activity. During suspension, you may be unable to access certain features or data until the issue is resolved.
1.4 Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots,""spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Kaso servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Kaso grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service;(viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
1.5 Changes to the Service
We may, with thirty (30) days' prior notice, change the Service; stop providing the Service or features of the Service; modify subscription plans or pricing; or create usage limits for the Service. For material changes affecting paid subscribers, we will provide notice via email to your registered email address and through in-app notifications.
We may immediately terminate or suspend your access to the Service without notice for violations of this Agreement, non-payment after or for legal or regulatory compliance reasons.
Upon termination for any reason, you continue to be bound by this Agreement regarding your use of the Service prior to termination, and Sections 2 (User Content), 3 (Proprietary Rights), 8 (Indemnity), 9 (No Warranty), 10 (Limitation of Liability), and 12 (General) will survive termination.
1.6 Disputes with Other Users
You are solely responsible for your interactions with other Users, including but not limited to Restaurant Owners and Vendors. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Kaso shall have no liability for your interactions with other Users, or for any User's action or inaction.
1.7 Service Location
The Service is intended for use by Users in the United Arab Emirates and the Kingdom of Saudi Arabia and other countries of the Middle East. Kaso makes no representations in this Agreement that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions may be subject to separate terms of service applicable to users in those jurisdictions. Users who access the Service from a jurisdiction in which Kaso does not have an applicable set of terms of service do so in violation of this Agreement and do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations.
1.8 Relationship Between Kaso and Vendors
Kaso is an independent service provider. Kaso is in no way affiliated, formally or otherwise, with the Vendors of Restaurant Owners. Notwithstanding the foregoing, certain Vendors are also customers of Kaso. For the avoidance of doubt, this Agreement does not constitute an agreement between Kaso, Restaurant Owners, and their Vendors; Kaso does not have any responsibility or liability for any consequence resulting from Restaurant Owners' interactions or contracts with their Vendors, including but not limited to, the terms of any sale such as payment, the means by which goods or services are delivered, and any and all other disputes that may arise. Kaso has no responsibility for any Vendor's products, services, or statements.
1.9 Subscription Services and Billing
1.9.1 Subscription Plans
Kaso offers subscription-based access to the Service on a monthly or annual basis. We reserve the right to modify our subscription plans, features, and pricing with thirty (30) days' prior written notice.
1.9.2 Billing and Payment
- Subscription Fees : All subscription fees are stated in the currency specified at the time of purchase and are due in advance for each billing period.
-Billing Cycle: Subscriptions are billed monthly or annually based on your selected plan. Your billing cycle begins on the date you first subscribe to a paid plan.
-Payment Methods: We accept credit cards and other payment methods as specified during the subscription process.
-Automatic Renewal: Unless cancelled before the end of your current billing period, your subscription will automatically renew for successive periods of the same duration as your initial subscription period.
-Price Changes: We will provide at least thirty (30) days' advance notice of any price changes. Price changes will take effect at the start of your next billing cycle after the notice period.
1.9.3 Additional Charges
Additional charges will be applied for Kaso for integration.
1.9.4 Failed Payments and Account Suspension
Kaso may suspend your account immediately for non-payment. If payment remains outstanding for fourteen (14) days following the initial due date, Kaso reserves the right to terminate your account and associated services without further notice.
1.10 Cancellation and Refunds
1.10.1 Cancellation by User
You may cancel your subscription at any time through your account settings or by contacting us at +971585983874.
Cancellation will take effect at the end of your current billing period, and you will retain access to the Service until that date.
No partial refunds will be provided for unused portions of your subscription period, except as required by applicable law.
1.10.2 Cancellation by Kaso
We may suspend or terminate your subscription immediately if you breach these terms or engage in prohibited activities.
Upon termination for cause, no refunds will be provided.
1.10.3 Data Retention and Export
Upon cancellation or termination, you may export your data for seven (7) days after the effective cancellation date.
After seven (7) days, your data may be permanently deleted from our systems, except as required for legal or regulatory compliance. We are not responsible for any data loss resulting from your failure to export data within the specified timeframe.
2. User Content
Some areas of the service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, order information, product information, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as "User Content").
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service:
· You expressly grant, and you represent and warrant that you have all rights necessary to grant, to Kaso a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. For example, you grant Kaso a license to analyze your User Content to identify business trends and create summary reports regarding your orders.
· You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement. For example, if you are a Vendor, we will make product information you post available to Restaurant Owners.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
· You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
· You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
· Your User Content and Company's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
· Kaso may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
· To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. Kaso takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service, including Vendors' pricing information and Restaurant Owners' order information. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Kaso shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
3. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Kaso Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Kaso and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Kaso Content. Use of the Kaso Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
4. Risk of Loss
All products that may be ordered from or via the Service by a Restaurant Owner are transported and delivered to the Restaurant Owner by or on behalf of the applicable Vendor, not by Kaso, unless explicitly engaging Kaso Logistical services. Title to such products ordered on the Service, as well as the risk of loss for such products, is subject to agreement between the Restaurant Owner and Vendor, and Kaso hereby disclaims any liability in connection with such risk of loss.
5. Email and Text Messaging
If you use the Service to send email or SMS communications to other Users, then you represent that you have adequate rights to use the Service to send such communications, and must comply with all applicable laws in connection with such communications, including, but not limited to, all applicable notice, consent and consumer choice requirements.
6. Privacy
Your privacy is important to us. For more information about our privacy practices, please refer to our Privacy Notice.
7. Security
Kaso cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. Indemnity
You agree to defend, indemnify and hold harmless Kaso and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password or other appropriate security code.
9. No Warranty
The Service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Kaso or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Kaso, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, complete, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.Further, Kaso does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, including any product offered by a Vendor through the Service, and Kaso will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Kaso, its affiliates, agents, directors, employees, suppliers 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, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Kaso be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.To the maximum extent permitted by applicable law, Kaso assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Kaso, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Kaso hereunder or $100.00, whichever is greater.This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Kaso has been advised of the possibility of such damage.Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
11. Mobile Applications.
We may make available software to access the Service via a mobile device (" Mobile Applications"). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Kaso does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Kaso hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Kaso User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Kaso may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Kaso or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Kaso reserves all rights not expressly granted under this Agreement.
12. General
12 .1 Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kaso without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
12.2 Notification Procedures and Changes to the Agreement.
Kaso may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website/Mobile app, as determined by Kaso in our sole discretion. Kaso reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Kaso is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Kaso may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the 'last modified' date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
12.3 Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Kaso in connection with the Service, shall constitute the entire agreement between you and Kaso concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
12.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
12.5 Contact.
Please contact us at contact@Kaso.ai with any questions regarding this Agreement.
12.6 Termination
12.6.1 Termination by Either Party
Either party may terminate this Agreement by providing thirty (30) days' prior written notice to the other party, except: Users may cancel subscriptions as provided in Section 1.10
Kaso may terminate immediately for cause as specified in this Agreement
12.6.2 Effect of Termination
Upon termination:
-Your access to the Service will cease at the end of your current billing period (for user-initiated cancellation) or immediately (for termination by Kaso for cause). All outstanding fees become immediately due and payable. You must cease all use of Kaso's intellectual property and confidential information. Data retention and export rights are governed by Section 1.10.3.
13. Confidentiality
For the purpose of confidentiality and data protection, from the date hereof until the date of termination of this Agreement, the User (including its employees and representatives) undertakes not to, directly or indirectly, share any of Kaso’s data with any other third party. In the event the Client is in breach of this confidentiality clause, Kaso shall have the right to (i) terminate this Agreement for cause and (ii) take legal action against the Client.
13.1 The obligations under clauses 13 shall not apply to any information to the extent the Recipient can demonstrate by appropriate evidence that such information:
13.1.2 is (at the time of disclosure) or becomes (after the time of disclosure) known to the public or part of the public domain through no breach of this Agreement by the Recipient;
13.1.3 was known to, or was otherwise in the possession of, the Recipient prior to the time of disclosure by the Disclosing Party or any of its affiliates;
13.1.4 is disclosed to the Recipient on a non-confidential basis by a third party who is entitled to disclose it without breaching any confidentiality obligation to the Disclosing Party; or
13.1.5 is independently developed by or on behalf of the Recipient, as evidenced by its written records, without reference to the Confidential Information disclosed by the Disclosing Party under this Agreement.
13.2 Nothing contained in this Agreement shall prevent the Recipient from disclosing any Confidential Information, or doing any act, pursuant to any order of a court of competent jurisdiction, or any requirement of law, order, regulation or ruling applicable to the Recipient, or any requirement or request of any applicable government department or agency, regulatory authority, provided that, so far as it is lawful and practical to do so prior to such disclosure, the Recipient shall promptly notify the Disclosing Party of such requirement or request with a view to providing the opportunity for the Disclosing Party to contest such disclosure or otherwise to agree the timing and content of such disclosure. The Recipient will disclose only that portion of the Confidential Information which is strictly required to be disclosed and endeavor to ensure that the persons to whom it is disclosed continue to observe its confidentiality.
13.3 The Recipient acknowledges and agrees that damages alone could not be an adequate remedy in the event of a breach of its obligations under this clause 7. Accordingly, it is agreed that the Disclosing Party shall be entitled, without proof of special damages, to seek an injunction or other interim remedy for any threatened or actual breach of this clause 7 by the Recipient, without prejudice to any other rights and remedies which the Disclosing Party may have.
13.4 “Confidential Information” means any information of a confidential or proprietary nature in relation to the Disclosing Party, including without limitation, details of its business methods, the identity of any of its customers or suppliers, its pricing structure or margins, any financial information or its terms of business with restaurants, customers or drivers.
14 LEGAL DOCUMENTS
The User authorises Kaso to share the following legal documents with Vendor(s) for the setting up of new accounts; Trade license and TRN (if applicable).
