Terms of Service
Effective Date: [Date]
These Terms of Service ("Terms") govern your use of the Kapiway platform operated by [Company Name] ("Kapiway," "we," "us," or "our"). By accessing or using our platform, you agree to these Terms. If you do not agree, do not use the service.
1. Description of Service
Kapiway is a software-as-a-service (SaaS) platform that helps Family Entertainment Centers (FECs) manage online party bookings. The platform provides:
- Branded online booking pages
- Package and add-on management
- Integrated payment processing
- Calendar and availability management
- SMS booking confirmations, reminders, and follow-ups
- Analytics and marketing pixel tracking
- Coupon and promotion tools
- Multi-location support
2. Account Terms
Eligibility
You must be at least 18 years old and authorized to bind the business entity you represent. By creating an account, you confirm that you meet these requirements.
Registration
You must provide accurate, complete, and current information during registration, including your business name, contact details, and business address. You agree to keep this information up to date.
Account Security
You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at [Contact Email] if you become aware of any unauthorized access to your account.
3. Free Trial and Billing
Free Trial
Pro and Growth plans include a 14-day free trial with full access to all plan features. A valid credit card is required to start the trial but will not be charged during the trial period. If you cancel before the trial ends, you will not be charged.
Subscription Plans
We offer three subscription tiers:
- Starter — $99/month
- Pro — $149/month
- Growth — $249/month
Annual billing is available at a 20% discount. Plan features and limits are described on our pricing page.
Billing
Subscriptions are billed monthly or annually based on your selection and automatically renew unless cancelled. You may cancel at any time from your billing settings. Access continues through the end of your current billing period.
Price Changes
We will provide at least 30 days notice before any subscription price increases take effect on your account.
SMS Credits
SMS credits are purchased separately and are non-refundable. Pricing is as listed on the platform at the time of purchase.
4. Payment Processing
All booking payments made by guests are processed through Stripe Connect. Partners connect their own Stripe account to receive payouts directly. Kapiway charges a 0% platform fee — partners keep 100% of their booking revenue.
Partners are responsible for their own tax obligations related to income received through the platform. Stripe's Connected Account Agreement applies to your use of Stripe.
5. Acceptable Use
You agree not to:
- Use the platform for any illegal or unauthorized purpose
- Upload harmful, offensive, or misleading content
- Interfere with the platform's security, integrity, or operation
- Scrape, crawl, or reverse-engineer the platform
- Send spam or unsolicited messages through SMS features
- Violate applicable SMS and telecom regulations, including TCPA requirements
- Exceed usage patterns that would degrade service for other users
6. Partner Responsibilities
As a partner using Kapiway, you are responsible for:
- The accuracy of your booking packages, pricing, and availability
- Fulfilling bookings made through the platform
- Honoring the pricing and terms displayed on your booking page
- Maintaining appropriate business licenses and insurance for operating your venue
- Compliance with local laws regarding party hosting, food service, and related activities
- Obtaining appropriate consent from guests before sending SMS messages
7. Guest Terms
Guests who book through the platform enter into an agreement with the partner (the venue), not with Kapiway. We facilitate the transaction but are not a party to the booking contract. Refund and cancellation policies are set by each individual partner.
8. Intellectual Property
Kapiway owns all rights to the platform, including its code, design, trademarks, and documentation. Partners retain ownership of their business content, including logos, descriptions, and photos uploaded to the platform. By uploading content, partners grant Party Booking a license to display it on the platform as part of the service.
9. Data and Privacy
Your use of the platform is also governed by our Privacy Policy. Partners act as data controllers for their guest data, and Kapiway acts as a data processor. Partners are responsible for having appropriate consent from guests for collecting their information and sending SMS communications.
10. Service Availability
We aim for high availability but do not guarantee uninterrupted or error-free service. We may modify, suspend, or discontinue features with reasonable notice. Scheduled maintenance will be communicated in advance when possible.
11. Limitation of Liability
To the maximum extent permitted by law, Kapiway is provided "as is" without warranties of any kind, express or implied. We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the platform.
Our total liability for any claim related to the service is limited to the amount you paid us in the 12 months preceding the claim. We are not liable for losses due to a partner's failure to fulfill bookings, or for outages or failures in third-party payment processing.
12. Termination
By You
You may cancel your subscription at any time from your billing settings. Your access continues until the end of your current billing period.
By Us
We may suspend or terminate your account for violation of these Terms, with notice when practical. In cases of severe violations (fraud, abuse, illegal activity), we may terminate immediately.
Effect of Termination
After termination, your data will be retained for [X] days and then permanently deleted. We recommend exporting your data before cancelling your account.
13. Dispute Resolution
These Terms are governed by the laws of [State/Jurisdiction]. If a dispute arises, we encourage you to contact us first at [Contact Email] to attempt informal resolution. [Arbitration clause or court jurisdiction placeholder.]
14. General Provisions
- Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kapiway.
- Severability. If any provision is found unenforceable, the remaining provisions continue in full effect.
- No Waiver. Our failure to enforce any right or provision does not constitute a waiver of that right.
- Assignment. We may assign these Terms. You may not assign them without our written consent.
15. Contact Us
If you have questions about these Terms, contact us at:
- [Company Name]
- [Company Address]
- [Contact Email]