1. Acceptance of terms
These Terms of Service ("Terms") govern your use of the website, applications and professional services provided by Kairo Digital ("we", "us", "our"), an independent software studio registered in the Netherlands under KvK number 96735082. By visiting our website, installing or using any application we publish, or engaging us for professional services, you agree to be bound by these Terms. If you do not agree, please do not use our website, apps or services.
2. Scope
These Terms cover three categories of activity:
- Our website kairodigital.com and related product sites we operate (such as kairoapp.com), including any contact or enquiry forms.
- Our apps — the applications we publish under the Kairo Digital name: the iOS apps Kairo — Day Planner and Tempo — Interval Timer on the App Store; our web applications The Gainline, GreatHabits, Family Tree (beta), Physium (in development) and Barbershop CRM; and any apps we release in the future.
- Professional services we deliver to clients — custom app development and interim product & delivery management, plus related advisory work.
For professional services, these Terms operate as a general framework: the specifics of any engagement — scope, deliverables, rates, payment schedule and intellectual-property arrangements — are set out in a separate signed agreement or purchase order, which takes precedence where it conflicts with these Terms. Likewise, where an app publishes its own specific terms or notices, those take precedence for that app.
3. Our apps
When you install or use an app or web application we publish:
- You are granted a limited, non-exclusive, non-transferable, revocable licence to use the app for personal, non-commercial purposes (or, for business-oriented products such as The Gainline, Physium and Barbershop CRM, for your own internal business purposes).
- You agree to any app-specific terms and privacy notice published in the app, on this site, or on its App Store listing.
- If the app requires an account, you agree to provide accurate information and keep your credentials secure. You are responsible for activity on your account.
- Apps designed for use by children, such as GreatHabits, are intended to be set up and supervised by a parent or legal guardian.
4. Beta & early access
Some of our products are made available before general release — for example Family Tree, currently offered as a web beta, or iOS betas distributed through Apple TestFlight. Beta software is provided "as is", may change or be withdrawn at any time, and may contain defects. Data created in a beta version may not carry over to the released version. Where TestFlight is used, Apple's terms additionally apply.
5. Subscriptions & in-app payments
Where an iOS app offers paid features, subscriptions or one-off in-app purchases, those transactions are processed exclusively through Apple's App Store. Payments are charged to your Apple Account upon confirmation of purchase. Free trials, where offered, convert to a paid subscription unless cancelled before the trial ends. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period, and can be managed or cancelled in your Apple account settings. Refunds and billing disputes are governed by Apple's policies and handled directly through the App Store.
For our web applications, paid plans — where offered — are agreed and billed directly by us. For business products such as The Gainline, Physium and Barbershop CRM, access is typically arranged under a licence or subscription agreement with the club, practice or shop, which sets out the applicable pricing and terms.
Your statutory consumer rights under Dutch and EU law are not affected by this clause.
6. Health & fitness disclaimer
Some of our products support physical training, exercise or recovery — for example Tempo (interval and strength training timers) and Physium (a platform used by physiotherapy practices to support their clients between appointments). For all such products:
- The products provide timing, structure, scheduling and tracking. They do not provide medical advice, diagnosis or treatment, and they are not medical devices.
- In Physium, treatment schedules and guidance are authored by the physiotherapy practice using the platform — the practice remains responsible for its professional advice. The nutrition and supplements sections carry general guidance and provider connections, not medical or dietary prescriptions.
- Content in these products is no substitute for the judgement of a qualified professional. Always follow the guidance of your own physician, physiotherapist, coach or trainer, and consult one before starting a new training, dietary or rehabilitation programme.
- You use these products at your own risk and within your own physical limits. Stop exercising and seek medical advice if you experience pain, dizziness or discomfort.
Similarly, planning and productivity suggestions produced by our apps (for example AI-generated schedules in Kairo) are informational — you remain responsible for your own decisions and commitments.
7. Professional services
Where we are engaged as a service provider — for custom app development, or for interim product & delivery management on a day-rate (ZZP) basis:
- Engagement terms: the scope, deliverables, rates, invoicing terms and duration are recorded in a signed agreement or purchase order. These Terms apply to matters not addressed there.
- Rates & invoicing: fees are quoted exclusive of VAT and expenses unless stated otherwise. Invoices are payable within 30 days of issue unless agreed otherwise in writing.
- Deliverables: we deliver services with the skill and care reasonably expected from a qualified professional. Unless expressly stated, our work is on a best-efforts basis; we do not warrant specific business outcomes.
- Interim roles: where we act in an interim management or product role, we act on the client's instructions and information; responsibility for corporate decisions remains with the client's own governance.
- Client responsibilities: you agree to provide timely access to the people, information, systems and decisions reasonably required for us to perform our work.
- Confidentiality: each party treats non-public information received from the other as confidential and uses it only for the engagement. This obligation survives termination for five (5) years.
- Data processing: where we process personal data on your behalf, we act as a data processor under the GDPR, and a Data Processing Agreement will be signed where the engagement requires it.
- Independence: we contract as an independent professional (ZZP). Nothing in an engagement creates an employment relationship.
8. Intellectual property
8.1 Our materials
All content, software, designs, logos and trademarks used on our websites and within our own apps are the property of Kairo Digital or our licensors. No right or licence is granted to you except as expressly stated in these Terms.
8.2 Client deliverables
For professional services, bespoke work product — code, designs and documentation created specifically for the client during the engagement and paid for in full — is assigned to the client upon payment of the relevant invoices. We retain ownership of pre-existing materials, reusable utilities, open-source components and generic know-how, and grant the client a perpetual, royalty-free licence to use such retained components as embedded in the delivered work.
Unless otherwise agreed in writing, we may reference the engagement in general terms (client name and a short description) for our portfolio and credentials.
9. Acceptable use
You agree not to:
- Use our website, apps or services for any unlawful purpose.
- Reverse-engineer, decompile or attempt to extract the source code of our apps, except where the law expressly permits it.
- Interfere with the operation or security of our website, apps or infrastructure, or attempt to gain unauthorised access to them.
- Use automated means to scrape or bulk-collect content from our websites.
- Resell, sublicense or redistribute our apps or their content without written permission.
10. Warranties & disclaimers
Our website and apps are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the website or apps will be uninterrupted, error-free or free of harmful components, nor that defects will always be corrected. Nothing in this section limits your statutory rights as a consumer under Dutch and EU law.
11. Liability
To the maximum extent permitted by law, Kairo Digital is not liable for indirect or consequential damages, loss of profits, loss of data or business interruption arising from the use of our website, apps or services. For consumer apps, our total aggregate liability is limited to the amount you paid us for the app in the twelve (12) months preceding the claim. For professional services, our total aggregate liability is limited to the fees paid for the engagement giving rise to the claim, unless a signed agreement provides otherwise.
Nothing in these Terms excludes or limits liability for intent or gross negligence, or any other liability that cannot be excluded under Dutch law.
12. Termination
You may stop using our website and apps at any time; deleting an app removes its licence. We may suspend or terminate access to an app or service for material breach of these Terms. Professional-service engagements end as described in the applicable agreement. Provisions that by their nature should survive termination — including confidentiality, intellectual-property and liability clauses — survive it.
13. Changes to these terms
We may update these Terms as our products and services evolve. Significant changes are reflected in the "last updated" date above, and material changes affecting an app will be communicated through the app or its App Store listing. Continued use after changes take effect constitutes acceptance.
14. Governing law & disputes
These Terms are governed by the laws of the Netherlands. Disputes will be submitted to the competent court in the Netherlands, unless mandatory consumer law entitles you to another forum. EU consumers may also use the European Commission's Online Dispute Resolution platform.
15. Contact
Kairo Digital · KvK 96735082 · Netherlands
info@kairodigital.com · contact form