Terms of Service

1. Scope of Services

Kamina.io provides a subscription-based web development service that delivers senior-level design and engineering work on an ongoing monthly basis. Services include, but are not limited to:

• Web application development (frontend and full-stack)
• Marketing website design and development
• Performance optimisation and technical SEO
• UI/UX design and prototyping
• Hosting infrastructure management (where included in the plan)

The exact deliverables for each billing period are agreed through our project management portal. Work is delivered iteratively based on a prioritised request queue. We do not guarantee a fixed number of deliverables per month, but we commit to continuous, good-faith progress on active requests throughout the subscription period.

2. Subscription Tiers and Billing

Subscriptions are offered on a month-to-month basis. Current plans and pricing are published on our pricing page. All prices are exclusive of VAT (TVA) unless expressly stated otherwise. VAT is applied at the applicable French rate where required by law.

• Billing cycle: Subscriptions are billed monthly in advance on the date of initial activation.
• Payment methods: We accept credit/debit card (Visa, Mastercard, American Express) and SEPA Direct Debit for EU-based clients. Payments are processed securely by Stripe, Inc.
• Failed payments: If a payment fails, we will retry up to three times over 7 days. If payment remains unsuccessful, access to active work may be suspended until the balance is settled.
• Price changes: We may adjust pricing with 30 days' written notice. Your continued subscription after the notice period constitutes acceptance of the new price.

3. Pause and Cancellation Policy

Pause

Clients on eligible plans may pause their subscription once per billing year for a minimum of 2 weeks and a maximum of 8 weeks. To pause, you must notify us at hello@kamina.io at least 5 business days before your next billing date. Unused days at the point of pausing are rolled forward and applied to the resumption period. No refund is issued for a partial billing period already charged.

Cancellation

You may cancel your subscription at any time via the client portal or by emailing hello@kamina.io. Cancellation takes effect at the end of the current billing period. No refunds are issued for the current billing period upon cancellation. You retain access to all work delivered and approved up to the cancellation date.

Kamina.io reserves the right to terminate a subscription immediately if the Client breaches these Terms, fails to pay, or engages in conduct that is harmful or abusive toward our team.

4. Intellectual Property Transfer

Intellectual property rights in all deliverables transfer to the Client upon the following conditions being met:

• Full payment: All amounts due for the billing period in which the work was delivered have been settled in full.
• Client approval: The Client has formally approved the deliverable (written confirmation via the project portal, email, or equivalent).

Upon satisfaction of both conditions, Kamina.io assigns to the Client all intellectual property rights (including copyright, design rights, and any related rights) in the approved deliverable on a worldwide, perpetual, royalty-free, and exclusive basis, to the extent permitted by applicable law.

Kamina.io retains the right to display approved work in its portfolio and marketing materials unless the Client requests otherwise in writing. Any pre-existing Kamina.io tools, frameworks, libraries, or methodologies incorporated into deliverables remain the property of Kamina.io and are licensed to the Client on a non-exclusive, perpetual basis.

5. Confidentiality

Each party ("Receiving Party") agrees to keep confidential all non-public information disclosed by the other party ("Disclosing Party") in connection with the services ("Confidential Information"), and to use such information solely for the purposes of performing or receiving the services under these Terms.

Confidential Information does not include information that:

• is or becomes publicly available through no breach of these Terms;
• was rightfully known to the Receiving Party prior to disclosure;
• is independently developed by the Receiving Party without use of Confidential Information; or
• is required to be disclosed by applicable law or court order, provided that the Receiving Party gives prompt written notice to the Disclosing Party where legally permissible.

Confidentiality obligations survive termination of the subscription for a period of 3 years.

6. Limitation of Liability

To the maximum extent permitted by applicable law:

• Kamina.io's total aggregate liability to the Client arising out of or in connection with these Terms shall not exceed the total subscription fees paid by the Client in the 3 months immediately preceding the event giving rise to the claim.
• Kamina.io shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.
• Kamina.io is not liable for delays or failures in performance resulting from circumstances beyond its reasonable control (force majeure), including but not limited to natural disasters, strikes, government actions, or third-party service outages.

Nothing in these Terms limits or excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable French law.

7. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with French law, without regard to its conflict of law provisions.

The parties shall endeavour to resolve any dispute arising out of or in connection with these Terms amicably within 30 days of written notification. If no resolution is reached, both parties submit to the exclusive jurisdiction of the Tribunal de Commerce de Metz.

If the Client is a consumer resident in the European Union, nothing in this clause affects their right to rely on mandatory consumer protection provisions of the law of their country of residence.

8. General Provisions

• Entire agreement: These Terms, together with any signed proposal or order confirmation, constitute the entire agreement between the parties and supersede all prior discussions or representations.
• Amendments: We may update these Terms from time to time. Material changes will be communicated with at least 30 days' notice. Continued use of the service after the effective date of changes constitutes acceptance.
• Severability: If any provision of these Terms is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force.
• No waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right.
• Assignment: The Client may not assign or transfer any rights or obligations under these Terms without prior written consent from Kamina.io. Kamina.io may assign these Terms in the event of a merger, acquisition, or sale of all or substantially all of its assets.

Questions about these Terms should be directed to hello@kamina.io.