Terms of Service

1. Introduction

Welcome to Klayd! We appreciate you taking a moment to review our Terms of Service. These Terms (“Terms”) govern your access to and use of the Klayd.io website and services (collectively, the “Service”), operated by Klayd Technologies LLC (“Klayd”, “Company”, “we”, “our”, or “us”).

Our Privacy Policy also forms part of your agreement with us. It explains how we collect, use, and protect the information that results from your use of our Service.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by both these Terms and our Privacy Policy (together, the “Agreements”). If you are using Klayd on behalf of a company or other legal entity, you confirm that you are authorized to bind that entity to the Agreements.

If you do not agree with these Terms or the Privacy Policy, please do not use the Service. If you have any questions or concerns, feel free to contact us at info@klayd.io.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Eligibility

(a) Before you use our Services, you must ensure that such use is in compliance with all laws, rules, and regulations applicable to you. Your right to access the Services is revoked to the extent your use thereof is prohibited or to the extent our provision thereof conflicts with any applicable law, rule, or regulation. You are responsible for making these determinations before using the Services.

(b) To access some of the Services, you must register for an account (“Account”). When you register for your Account, you may be required to provide us with some information about yourself and you may also provide optional information about yourself on a voluntary basis. Account information, and our use and disclosure thereof, is subject to the Privacy Policy.

(c) The Company may make part of the Service available specifying that the Service is provided free of charge, on a trial (demo) basis and/or to be used at your own risk. Notwithstanding any other provision of these Terms, you acknowledge and agree that:

• Free Services are made available without any support, maintenance, warranty, commitment to availability, or accuracy, or other related obligation of any kind under these Terms, unless otherwise required by an applicable law;
• Free Services may not include or allow access to all features and functionality of Services available to paying Customers (Subscriptions);
• The Company may terminate the use of a free Service at any time, unless otherwise specified in writing, and the Company will not be liable for such termination.

(d) The Company may, at its sole discretion, refuse to provide or continue providing the Services to any person or entity and change the eligibility criteria at any time, including if the Customer fails to comply with the Terms. The Company may, at its sole discretion, develop, improve, and change the Service and its functionality or make a unilateral decision about the discontinuation of provision of the Services or part of them at any time. The Company reserves the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to Services at any time at its sole discretion. If these Company rights are exercised without an alleged or actual breach of the Terms by the Customer, a pro rata refund shall be made of any fees paid in advance by the Customer for the period during which the Services were not rendered or made available by the Company.

3. Purchases

(a) If you wish to purchase any product or service through the Service (“Purchase”), you may be required to provide certain information relevant to the transaction, including your credit card number, expiration date, billing address, and other payment details.

(b) You represent and warrant that: (i) you have the legal right to use any credit card or other payment method provided; and (ii) all information you submit is accurate, current, and complete.

(c) We may use third-party payment processors to facilitate and secure transactions. By submitting payment information, you authorize us to share it with these third parties, subject to our Privacy Policy.

(d) We reserve the right to refuse or cancel any order at our discretion, including but not limited to cases involving product or service availability, pricing errors, inaccuracies in your order, or other operational reasons. If your order is canceled and you’ve already paid, we will issue a pro rata refund for any portion of the Service not delivered.

(e) In cases where fraud or unauthorized activity is suspected, we reserve the right to suspend or terminate your access to the Service without notice. No refund will be issued in such cases.

4. Subscriptions

(a) Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

(b) At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. You may cancel your Subscription renewal either through your online Account management page or by contacting the Company customer support team. Not applicable to invoiced bank transfer purchases.

(c) A valid payment method, including a credit card, is required to process the payment for your subscription. You shall provide the Company with accurate and complete billing information including full name, address, state, post code, telephone number, and information about a valid method of payment. By submitting such payment information, you automatically authorize the Company to charge all Subscription fees incurred through your Account to any such payment instruments.

(d) Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

(e) The Parties agree that the Company is entitled to send an invoice to the Customer by e-mail or other electronic means and the invoice will be valid without a signature.

(f) Some Purchases and Subscriptions are provided after an additional agreement (i.e., SaaS agreement) is concluded between the parties. In such a case, the additional contract may contain additional and prevailing terms and conditions on which Services are provided.

(g) The Company confirms and guarantees that the Subscription Services will operate during the applicable Billing Cycle substantially as described. Upon receipt of the Customer’s written notice of any alleged failure to comply with this warranty, the Company will use commercially reasonable efforts to resolve or correct the failure. If the Company has not resolved or corrected the failure within thirty (30) days following its receipt of such a notice, then the Customer may terminate the applicable Subscription and the Company shall issue a refund of fees paid in advance covering the terminated portion of the Subscription Services. Notwithstanding the foregoing, this warranty will not apply to any failure due to a defect in or modification of a Subscription Service that is caused or made by the Customer, any Customer user (user Accounts), or any person acting at the Customer’s direction. This clause sets forth the Customer’s exclusive rights and remedies and the Company’s sole liability in connection with this warranty.

5. Fees and Charges

(a) The Company reserves the right to change Subscription pricing at any time and at its sole discretion. Any changes to the Subscription fee will take effect at the start of your next Billing Cycle.

(b) We will provide you with reasonable advance notice of any fee changes to allow you the opportunity to review the changes and cancel your Subscription if you do not wish to continue.

(c) Your continued use of the Service after the new pricing goes into effect constitutes your agreement to the updated Subscription fee.

6. Refunds

Except as required by law or expressly stated in these Terms, all Subscription fees and payments are non-refundable.

7. User Content

(a) The Service may allow you to post, upload, link, store, or share information, text, graphics, code, or other material (“Content”). You are solely responsible for the Content you post, including its legality, accuracy, and appropriateness.

(b) By submitting Content, you represent and warrant that:

• You own the Content or have the necessary rights and licenses to use and share it.
• Your Content does not violate any rights of others, including copyright, trademark, privacy, publicity, or contract rights.
• Your Content will not cause Klayd to violate any laws or third-party rights.

(c) You retain ownership of all Content you submit through the Service. However, by using the Service, you grant Klayd a non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to use, store, reproduce, modify (for display formatting only), distribute, and display your Content solely for the purpose of providing and operating the Service (“User Content License”).

(d) If your Content is made public through the Service, you also grant other users a non-exclusive license to view, use, or share that Content as permitted by the functionality of the platform and these Terms.

(e) Klayd does not claim ownership of your Content and is not responsible for any Content shared by you or other users. We may, however, restrict, suspend, or remove Content that violates these Terms or infringes intellectual property rights.

(f) You are solely responsible for protecting your intellectual property rights in the Content you upload. We assume no responsibility for enforcement on your behalf.

(g) Content made available by Klayd, including design assets, UI templates, and system content, is the property of Klayd Technologies LLC or its licensors and is protected by copyright and other intellectual property laws. You may not reuse, copy, modify, or distribute this content without express written permission.

8. Privacy & Data Compliance

We are committed to protecting your personal information. Our data handling practices are detailed in our Privacy Policy.

If you are located in the European Economic Area, Klayd processes your data in accordance with the General Data Protection Regulation (GDPR). You have the right to access, modify, or delete your data at any time. To request data deletion, contact: privacy@klayd.io.

We use secure hosting, encryption, and access controls to protect your data, but no service can be completely secure. You use the Service at your own risk.

9. Restrictions and Responsibilities

a. Use Restrictions

You agree not to, directly or indirectly:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any related software, documentation, or data (“Software”).
• Modify, translate, or create derivative works of the Services or Software, except where expressly permitted by Klayd.
• Use the Services or Software for resale, redistribution, or to benefit a third party without our written consent.
• Remove, alter, or obscure any proprietary notices or labels on or within the Services.

b. Compliance and Indemnification

You agree to use the Services only in accordance with applicable laws, regulations, and any published Klayd policies. You represent and warrant that your use will not violate any third-party rights or regulatory requirements.

You agree to indemnify and hold harmless Klayd Technologies LLC, its affiliates, and their respective officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your breach of any applicable law or third-party right.

Klayd reserves the right (but has no obligation) to monitor your use of the Services and may suspend or terminate access if we believe you have violated these Terms or applicable laws.

c. Account and Security

You are responsible for obtaining and maintaining all hardware, software, internet access, and other equipment necessary to use the Services (“Equipment”).

You are also responsible for securing your account credentials (including administrative and user passwords), protecting your data, and for all activity that occurs under your account, whether or not authorized by you.

10. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service in any way that:

a. Prohibited Behavior

• Violates any applicable law or regulation.
• Exploits, harms, or attempts to exploit or harm minors, including by exposing them to inappropriate content.
• Transmits unsolicited advertising or promotional content, including “spam,” “junk mail,” or similar solicitations.
• Encourages or furthers unlawful conduct, including the dissemination of illegal content.
• Engages in deception, fraud, or misleading practices, including fraudulent goods, services, or schemes.
• Impersonates the Company, its staff, another user, or any other person or entity.
• Infringes upon intellectual property, privacy, publicity, or proprietary rights of others.
• Publishes or stores content that incites violence, promotes terrorism, harasses, invades privacy, or discriminates on the basis of race, gender, religion, sexual orientation, disability, or other protected characteristics.
• Restricts or interferes with other users’ access to or enjoyment of the Service.

b. Prohibited Technical Actions

• Overloads, disables, or interferes with the proper functioning of the Service or related systems.
• Uses automated means (e.g., bots, spiders, scrapers) to access or copy Service content without prior written permission.
• Monitors or reproduces Service content manually or automatically without authorization.
• Introduces viruses, worms, malware, or other harmful software or code.
• Attempts to gain unauthorized access to the Service, its infrastructure, or related servers and databases.
• Launches denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks.
• Attempts to manipulate or falsify usage metrics or platform ratings (if applicable).
• Otherwise interferes with or disrupts the integrity or performance of the Service.

11. Accounts

(a) When you create an account with us, you confirm that the information you provide is accurate, complete, and current at all times. Providing false or outdated information may result in the termination of your account.

(b) You are responsible for maintaining the confidentiality of your account and password, including limiting access to your devices and systems. You accept responsibility for any activities conducted through your account. If you become aware of any unauthorized use or security breach, you must notify us immediately.

(c) You may authorize additional users under your account. You are responsible for setting appropriate access levels and ensuring that such users comply with these Terms. Any activity under those accounts will be deemed your responsibility.

(d) You may not use a username that is offensive, vulgar, obscene, or infringes on any rights of another person or entity, including names or trademarks without authorization.

(e) We reserve the right to suspend or terminate accounts, restrict access, or remove content at our sole discretion if these Terms are violated.

12. Intellectual Property

The Service and all original content (excluding user-generated content), features, and functionality are and will remain the exclusive property of Klayd Technologies LLC and its licensors. This content is protected by international copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, or use any part of the Service for commercial purposes without prior written permission from Klayd Technologies LLC.

13. Copyright Policy

(a) We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

(b) If you are a copyright owner, or authorized on behalf of one, and you believe that copyrighted work has been used in a way that constitutes copyright infringement, please send your claim to info@klayd.io with the subject line “Copyright Infringement” and include a detailed description of the alleged infringement.

(c) You may be held liable for damages (including costs and attorneys' fees) for knowingly submitting a false or bad-faith claim of infringement.

14. Notice and Procedure for Copyright Infringement Claims

If you believe your copyright has been infringed, your notification must include the following:

• (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• (b) A description of the copyrighted work claimed to have been infringed and the location (URL or copy) of the work;
• (c) Identification of the material on our Service that is claimed to be infringing, with enough detail to locate it;
• (d) Your name, address, phone number, and email address;
• (e) A statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• (f) A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner;
• (g) Documentation of your copyright ownership or authority to act on behalf of the owner.

Submit this notice to: info@klayd.io

15. Error Reporting and Feedback

(a) You may choose to submit, or we may invite you to submit, comments or suggestions regarding the Service, including ideas for improvements, error reports, or feature requests (“Feedback”). By submitting Feedback, you acknowledge that it is voluntary and non-confidential and grant us full rights to use it without restriction or compensation.

(b) If ownership of the Feedback cannot be legally transferred, you grant Klayd Technologies LLC an exclusive, perpetual, irrevocable, sublicensable, royalty-free license to use, copy, modify, publish, or distribute the Feedback for any purpose, including improving our Services or developing new products.

16. Disclosure and Content Monitoring

(a) We may disclose customer data, including confidential information, when required by law or legal process. Where possible and not prohibited, we will limit disclosures to what is strictly necessary.

(b) While we are not obligated to monitor user activity, we reserve the right to access, review, preserve, and disclose any data or content if we believe it is necessary to:

• Comply with legal obligations or governmental requests,
• Enforce these Terms or investigate violations,
• Detect or prevent fraud, security threats, or technical issues,
• Respond to support requests, or
• Protect the rights, safety, or property of Klayd, users, or the public.

(c) You may receive confidential information from Klayd Technologies LLC. This includes but is not limited to information about our platform, customers, financials, or strategic plans. Confidential information does not include publicly known information, data lawfully obtained from others, or content independently developed without reference to Klayd's materials.

(d) You agree to maintain the confidentiality of such information, use it only as necessary for Service use, and implement reasonable protections at least equal to how you secure your own confidential data.

17. Data Usage and Service Improvement

While using the Service, you may submit non-public business, technical, or financial information. We reserve the right to analyze all data related to your use of the Service—including system usage, metadata, and derivative insights—to improve the platform and develop new features.

Where required, we will de-identify or aggregate such data before using it. We may also share anonymized data publicly or with partners for analytical or operational purposes. No rights or licenses are granted to your proprietary data beyond what is outlined in these Terms.

18. Publicity

Unless you notify us otherwise in writing, you grant Klayd Technologies LLC the right to publicly disclose that you use our Services, including the use of your name and publicly available trademarks or logos in promotional materials. We will never share non-public data in such use.

19. Links to Third-Party Websites

(a) The Service may include links to third-party websites or services that are not owned or controlled by Klayd. These links do not imply our endorsement or affiliation with those third parties.

(b) We are not responsible for the content, practices, or policies of any external sites. Please review their terms and privacy policies independently.

(c) YOU AGREE THAT KLAYD TECHNOLOGIES LLC IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY SITE OR SERVICE LINKED THROUGH OUR PLATFORM.

20. AI-Powered Output and Content Responsibility

Klayd uses generative AI to assist with UI creation, component generation, and code suggestions. While we strive to provide high-quality, production-grade outputs, you acknowledge and agree to the following:

• AI-generated designs may require additional review, refinement, and validation before use.
• You are solely responsible for ensuring that any code, UI, or content generated through the Service is accurate, functional, and legally compliant for your use case.
• Klayd does not guarantee that AI-generated output will meet your specific requirements or avoid legal, design, or copyright conflicts.
• Use of Klayd’s AI features does not constitute professional advice and does not replace the judgment of qualified professionals (e.g., developers, designers, legal counsel).

21. Use of Third-Party AI and LLM Services

(a) Some features within the Service may rely on third-party AI providers, such as OpenAI [OpenAI Ireland Ltd and/or OpenAI, L.L.C.]. By using these features, you may be required to agree to the provider's additional terms and conditions. Any data you submit through these features may be processed according to that provider’s privacy policies and terms of service.

(b) Klayd Technologies LLC does not control third-party AI systems and is not responsible for their behavior, data handling, or outcomes. The use of these services may involve risks including but not limited to inaccurate output, misuse, or unpredictable behavior. You accept full responsibility for any consequences that result from using third-party AI functionality within the platform.

22. Disclaimer of Warranty

The Services are provided by Klayd Technologies LLC on an “as is” and “as available” basis. We make no warranties or guarantees—express, implied, statutory, or otherwise—regarding the reliability, accuracy, completeness, security, or availability of the Services or any content or material accessed through the platform.

You expressly agree that your use of the Service is at your sole risk. We do not guarantee that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Nor do we warrant that any results obtained from the use of the Services will meet your expectations or be suitable for your intended purpose.

To the fullest extent permitted by applicable law, we disclaim all warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

23. Limitation of Liability

To the fullest extent permitted by applicable law, you agree to hold harmless Klayd Technologies LLC, its officers, directors, employees, and agents from any liability for indirect, punitive, incidental, special, or consequential damages—however they arise. This includes, without limitation, damages related to personal injury, property damage, loss of data or profits, or legal fees and litigation costs (including attorneys’ fees), whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

If Klayd Technologies LLC is found liable for any reason, our total liability to you will not exceed the total amount you paid for our Services during the twelve (12) months prior to the event giving rise to the claim.

These limitations do not apply to damages resulting from fraud or intentional misrepresentation by Klayd Technologies LLC or its officers.

24. Termination

(a) We may suspend or terminate your account and access to the Service at any time, without notice or liability, for any reason, including but not limited to a violation of these Terms.

(b) You may terminate your account at any time by using the “Delete Account” function within the Klayd platform or by submitting a termination request to our support team.

(c) In the event that we discontinue or materially alter the Service—including any lifetime or indefinite subscription plans—we are not liable for any resulting unavailability or loss of access. Changes to our delivery model or platform operations may result in Services becoming temporarily or permanently inaccessible.

(d) Any provisions of these Terms that by their nature should survive termination shall remain in effect. This includes, but is not limited to, ownership rights, warranty disclaimers, indemnity obligations, and limitations of liability.

25. Governing Law and Jurisdiction

(a) These Terms shall be governed by and interpreted in accordance with the laws of Switzerland, without regard to any conflict of law principles.

(b) Any disputes arising from or relating to these Terms or the use of the Services shall be subject to the exclusive jurisdiction of the courts located in Switzerland, the country of registration of Klayd Technologies LLC.

26. Customer Compliance and Sanctions

By accessing or using the Services, you confirm and warrant that you:

• (a) Are not located in a country that is subject to trade or economic sanctions enforced by Switzerland, the European Union, or the United States Office of Foreign Assets Control (OFAC);
• (b) Are not listed on any sanctions lists maintained by the European Union, the Swiss government, or OFAC, including any list of prohibited or restricted parties; and
• (c) Will not use the Services in any manner that would cause a violation of applicable international sanctions or export control laws.

You also agree not to sell, export, re-export, transfer, divert, or otherwise make available any Services received from Klayd Technologies LLC in violation of such laws and regulations.

Failure to comply with these obligations may result in the immediate suspension or termination of your Account and any agreements between you and the Company.

27. Changes to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service, or any materials provided through it, at our sole discretion and without prior notice.

We are not liable if any part of the Service becomes unavailable at any time or for any duration. Access to certain areas of the Service—including for registered users—may be restricted from time to time to support maintenance, updates, or operational adjustments.

28. Amendments to Terms

(a) We may update or modify these Terms at any time by posting the revised version on this page. It is your responsibility to review the Terms periodically for any changes.

(b) Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. We recommend checking this page regularly to stay informed, as updated Terms are legally binding once published.

(c) If you do not agree to the updated Terms, you must stop using the Service. Continued access or use after revisions take effect indicates your agreement to be bound by them.

29. Waiver and Severability

(a) No waiver by Klayd Technologies LLC of any term or condition in these Terms shall be interpreted as a continuing waiver or a waiver of any other term. Our failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

(b) If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be limited or removed to the minimum extent necessary. The remaining provisions will remain valid and enforceable in full.

30. Miscellaneous

(a) These Terms take effect on the date you first access or use the Service, create an account, or otherwise indicate your acceptance (such as by clicking a confirmation box).

(b) Any general terms and conditions issued by you (the Customer) are expressly rejected unless agreed to in writing by Klayd Technologies LLC.

(c) Our failure to enforce any provision of these Terms shall not be considered a waiver of that provision. If any part of the Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force. These Terms constitute the entire agreement between you and Klayd regarding the Services, unless a separate SaaS or Implementation Agreement has been executed between the parties.

(d) Klayd Technologies LLC shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to: natural disasters, war, civil unrest, governmental actions, strikes, utility outages, internet disruptions, pandemics, or other unforeseen events.

(e) You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations at any time without notice or consent.

31. Communications

(a) If you have not provided a valid billing address, all notices required under these Terms may be sent to you via email or through in-platform messaging in your Klayd account. Communications delivered by these methods will be considered received on the next business day.

(b) You agree that electronic communications—including notices, disclosures, and agreements—satisfy any legal requirement that such communications be in writing.

32. Newsletters and Notifications

(a) By creating an account with us, you may opt in to receive newsletters, product updates, marketing content, or other communications. You can unsubscribe at any time by clicking the unsubscribe link in any email or by contacting our support team.

(b) We may also send you important service-related messages, including changes to your subscription, billing updates, or system availability notices. These communications are considered essential and cannot be opted out of if you continue to use the Service.

33. Acknowledgment

By using the Service, you confirm that you have read these Terms of Service, understand them, and agree to be bound by them.