These Terms of Service (“Terms”) form a legally binding agreement between you and Kondense (“Kondense”, “we”, “us”, or “our”) governing your access to and use of the Kondense platform, marketing site, APIs, and any related services we make available (collectively, the “Service”). By creating an account, clicking “I agree,” or otherwise using the Service, you accept these Terms. If you do not agree, do not use the Service.
If you are entering into these Terms on behalf of an organization (a “Customer”), you represent that you have the authority to bind that organization, and “you” refers to that organization. Individual users invited into a Customer workspace also agree to these Terms with respect to their individual use.
1. Eligibility and accounts
You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Service. You are responsible for:
- The accuracy of the information you provide when registering.
- Keeping your credentials confidential and using two-factor authentication where offered.
- Every activity that occurs under your account, whether or not authorized by you.
- Notifying us immediately at hello@kondense.ai if you suspect any unauthorized access or breach.
2. The Service
Kondense provides a members platform for creators, coaches, and course sellers — including a course library, video hosting, internal task tracking, policies, org-board management, and related tools. Specific features may be added, changed, or removed over time. Beta features are marked as such and provided “as is” without any commitment; we may modify or withdraw them at any time.
3. Customer and User relationships
When you use the Service through a Customer’s workspace, the Customer is responsible for that workspace and its members. The Customer’s administrators may:
- Invite, remove, or suspend users.
- Access, modify, or delete content in the workspace.
- Configure integrations and change workspace settings.
- Export workspace data.
If you use the Service through an employer or organization, contact that organization’s administrator with questions about their workspace policies.
4. Fees, billing, and taxes
Some plans require payment. When you subscribe to a paid plan:
- Fees, billing intervals, currency, and applicable taxes are shown before you complete the purchase. All fees are exclusive of taxes unless stated.
- Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You authorize us (or our payment processor) to charge the payment method on file for renewals.
- If a payment fails we may retry it, suspend paid features until resolved, and downgrade the account after a reasonable grace period.
- Except where required by law, fees paid are non-refundable. If we materially reduce Service functionality mid-term without notice, contact us and we will consider a pro-rated refund on a case-by-case basis.
- You are responsible for all taxes assessed on fees you pay (VAT, sales tax, GST, etc.), other than taxes on our net income.
5. Your content and license
You retain ownership of any content, data, or materials you upload to or create in the Service (“Your Content”). You grant Kondense a worldwide, non-exclusive, royalty-free license to host, store, transmit, back up, display, and process Your Content solely to operate and improve the Service on your behalf. This license ends when the content is deleted from the Service, subject to reasonable retention for backups and legal compliance.
You represent and warrant that you have all rights necessary to upload Your Content and to grant the license above, and that Your Content does not violate any law or third-party rights.
6. Acceptable use
You agree not to, and not to allow anyone to:
- Use the Service to violate any law, regulation, or the rights of others (including intellectual property, privacy, and contractual rights).
- Upload content that is unlawful, deceptive, defamatory, obscene, hateful, harassing, or that promotes violence, self-harm, or discrimination.
- Distribute malware, phishing links, or otherwise attempt to harm users or systems.
- Circumvent, disable, or otherwise interfere with security, rate limits, or access controls.
- Reverse-engineer, decompile, or attempt to derive source code from the Service, except where such restriction is prohibited by law.
- Access the Service to build a competing product or copy any feature or user interface.
- Resell, sublicense, or share the Service (including account access) with anyone outside your workspace without our written consent.
- Run automated scraping, benchmarking, or load-testing against the Service without prior written consent.
We may suspend or terminate access, remove content, or take other reasonable action if we believe in good faith that these restrictions have been violated.
7. Intellectual property and feedback
The Service, including all software, design, text, graphics, logos, and documentation (other than Your Content), is owned by Kondense and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms.
If you provide feedback, suggestions, or ideas about the Service, you grant Kondense a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose, without obligation or attribution.
8. Third-party services
The Service may interoperate with third-party services (video hosting, email delivery, Discord, calendaring, payment, and so on). Your use of a third-party service is governed by that provider’s terms and privacy policy. Kondense is not responsible for third-party services, their availability, or the content they surface.
9. Copyright and DMCA
If you believe content on the Service infringes your copyright, send a notice to hello@kondense.ai including (a) your contact information, (b) a description of the copyrighted work, (c) the URL or other identification of the allegedly infringing material, (d) a statement made under penalty of perjury that you are authorized to act on behalf of the copyright owner, and (e) your physical or electronic signature. We may remove the material, notify the affected user, and terminate repeat infringers.
10. Confidentiality
Each party may access non-public information of the other (“Confidential Information”), including workspace content, pricing, and roadmap details. Each party will (a) use Confidential Information only to perform under these Terms, (b) protect it with the same care it uses for its own confidential information (and never less than reasonable care), and (c) not disclose it to third parties except to employees, contractors, and advisors bound by comparable confidentiality obligations, or as required by law.
11. Warranty disclaimer
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Kondense and its licensors disclaim all warranties, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any content will be preserved without loss.
12. Limitation of liability
To the fullest extent permitted by law:
- Kondense will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
- Kondense’s aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid us for the Service in the twelve (12) months preceding the event giving rise to the liability, or (b) one hundred US dollars ($100).
These limits apply to the maximum extent permitted by law even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13. Indemnification
You will defend, indemnify, and hold harmless Kondense and its officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) Your Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of a third-party right.
14. Term, suspension, and termination
These Terms remain in effect while you use the Service. You may stop using the Service at any time. Paid subscriptions continue through the end of the current billing period unless cancelled earlier under a right of withdrawal that applies to you.
We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, if continued provision would expose Kondense or its users to legal, security, or financial risk, or if required by law. Upon termination:
- Your right to access the Service ends immediately.
- You may export Your Content for a reasonable window after termination (typically 30 days) unless the termination was for cause; after that window we may delete it.
- Provisions that by their nature should survive (ownership, disclaimers, limitations of liability, indemnification, dispute resolution) will survive.
15. Changes to the Service and to these Terms
We continuously improve the Service. That means features may be added, changed, or removed. We aim to give reasonable advance notice of material changes that reduce functionality you rely on.
We may update these Terms from time to time. Material changes will be announced in-app and, for account holders, by email at least 14 days before they take effect. The “Effective” date at the top of the page reflects the current version. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
16. Governing law and disputes
These Terms are governed by the laws of the jurisdiction in which Kondense is incorporated, without regard to conflict-of-laws principles. The parties will attempt to resolve any dispute informally first by contacting hello@kondense.ai. If a dispute is not resolved within 30 days, it will be brought exclusively in the state or federal courts located in that jurisdiction, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive relief for infringement of intellectual property rights in any court of competent jurisdiction.
17. Force majeure
Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government acts, internet or utility outages, and failures of third-party services.
18. Assignment
You may not assign or transfer these Terms without our prior written consent. Kondense may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. Any prohibited assignment is void.
19. Notices
We may deliver notices to you in-app, by email to the address on your account, or by any other reasonable means. Notices to Kondense should be sent to hello@kondense.ai and are effective when actually received.
20. Entire agreement and severability
These Terms, together with any order form, Data Processing Addendum, or other document expressly incorporated, are the entire agreement between you and Kondense regarding the Service, and supersede all prior agreements on that subject. If any provision is held to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be construed to the maximum extent permitted by law.
21. Contact
Questions about these Terms? Email hello@kondense.ai.