1. About these terms
These terms are an agreement between you and Kisheet LLC, an Oregon limited liability company ("Kisheet", "we", "us"). They cover the kisheet.com website, the Kisheet desktop software and its updates (the "Software"), and any optional online services we offer.
You accept these terms when you buy a license, download, install or use the Software, or use the website. If you accept them for a company or other organization, you confirm that you can bind it, and "you" means that organization.
Kisheet is made for businesses. If you are a consumer, nothing in these terms takes away a right that the law where you live gives you and that cannot be waived.
2. Editions and licenses
- Kisheet Free: free of charge, for opening, reading, marking up and signing PDFs. Measuring and takeoff need a Company license.
- Company license: one license for one company, with no per-seat count. It is sold as a one-time purchase ("Buy once") or as a monthly or annual subscription.
- Independent Estimator license: for one named person, priced on request. It may be used only by that person.
Who a Company license covers. A Company license is for the legal entity named on the license, its employees, and individual contractors while they work for it. It may be installed on as many computers as that company uses. It does not cover parent, sister or subsidiary companies, or a contractor's work for anyone else; each of those needs its own license.
3. What the license allows
While your license is valid and you follow these terms, we grant you a non-exclusive, non-transferable, non-sublicensable license to install and use the Software for your own business, including unrestricted commercial estimating: paid work for your clients and your employer, on any number of projects, with no per-project fee.
The Software is licensed, not sold. We and our licensors keep all rights, title and interest in the Software, the website, and the Kisheet name and logo, except for the license granted here.
4. What you may not do
Unless the law allows it despite this restriction, you may not:
- share a license key or license file outside the company it covers, or let more people use an Independent Estimator license than the one named person;
- sell, rent, lease, lend, sublicense or redistribute the Software, or offer it as a hosted service or service bureau to others;
- copy, modify, translate or make derivative works of the Software, except for copies needed to install it and keep backups;
- reverse engineer, decompile or disassemble the Software;
- bypass, disable or tamper with license checks, activation or other technical limits, or make or share license keys or files;
- remove copyright, trademark or other notices;
- use the Software or the website to break the law, infringe anyone's rights, or build a competing product;
- disrupt, probe or overload the website or online services, or reach them by automated means except through the Software.
5. License keys and files
A license is delivered as a key and a signed license file. Keep them inside your company: you are responsible for everything done with them. Because a license file works without the internet, we rely on your honesty; this is part of what we offer, not a waiver of these terms.
If a key is shared outside the company it covers, posted publicly or used against these terms, we may deactivate it and issue a new one to the company. On reasonable request, you agree to confirm in writing that your use of the Software complies with your license.
6. Your files and data
Your drawings, markups, takeoffs, estimates and exports ("Your Content") are yours. The desktop Software keeps them on your computer and does not upload them to us. We claim no ownership of anything you make with it.
You are responsible for having the right to open, mark up and share the drawings and documents you use, and for keeping your own backups. See our privacy policy for what we do receive.
7. Quantities and professional judgment
The Software produces lengths, areas, counts, volumes and prices from the drawings you open and the scales, settings, formulas and prices you choose. Automatic features (for example filling an area, finding repeated symbols or reading a scale) can be wrong. Drawings can be wrong, out of date or at a different scale than printed.
You are responsible for checking every quantity, scale, formula and price before you rely on it in a bid, an order, a contract or any other decision. The Software is a tool that supports your professional judgment; it does not replace it. We are not responsible for bids, estimates, orders, cost overruns, lost or won work, or other decisions based on results from the Software.
8. Buying through Paddle
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle takes the payment, charges and pays any sales tax or VAT, issues your receipt and invoice, and handles payment questions and returns. Paddle's buyer terms apply to the payment itself; these terms apply to your license and use of the Software.
Prices are shown in US dollars on our pricing page and at checkout. Tax is added at checkout where it applies. We may change prices for new purchases at any time; a price change never affects an order already paid.
Companies may also ask us for an invoice or a purchase order. Those orders follow these terms unless we sign a different agreement with you.
9. Subscriptions and automatic renewal
- A monthly or annual subscription renews automatically at the end of each billing period, and Paddle charges the payment method on file at the then-current price plus tax, until you cancel.
- You can cancel at any time from the link in your Paddle receipt email, or by writing to us. No sign-in is needed. Cancelling stops future renewals; your license keeps working until the end of the period you have paid for, and then Kisheet becomes Kisheet Free.
- Discounts, such as launch pricing, apply only to the period stated when you bought. Later renewals are charged at the regular price.
- We will tell you by email at least 30 days before a price change applies to your subscription. If you don't want to pay the new price, cancel before your next renewal.
- If a renewal payment fails, Paddle will retry it and email you. Your license keeps working for a 14-day grace period; if payment is still not made by then, Kisheet becomes Kisheet Free until it is.
- Except as our refund policy says, a subscription period that has started is not refunded in whole or in part when you cancel.
10. Buy once and updates
A Buy once license lets you keep using, for as long as you like, every version of the Software released during your update period. It includes 12 months of updates from purchase; orders placed during a launch offer that says so include 18 months.
When your update period ends, the versions you already have keep working. Versions released after the end of your update period need a paid update renewal, at the price shown when you renew, which extends your update period by 12 months. Renewing is optional.
11. Refunds
You can ask for a full refund within 30 days of your first purchase of a Company license. The details are in our refund policy, which is part of these terms. When a purchase is refunded, the license it paid for ends: you must stop using the license key and license file and delete the file, and Kisheet becomes Kisheet Free.
12. Trials, free and pre-release versions
Kisheet Free, trial versions, and pre-release, preview or beta versions are provided free of charge and as is, without any warranty. They may contain defects, may change or stop working, and may be withdrawn at any time. Use them with copies of your files, and keep backups. A trial ends on the date it states, and Kisheet then becomes Kisheet Free.
Roadmap items, concept images and planned features on our website describe intentions, not promises. Don't buy a license on the expectation of a future feature.
13. Optional online services
Some features, such as company accounts, the Bid Board and Document Exchange, are optional online services. They may be separately priced, and they are never needed to use the desktop Software.
- You are responsible for your account, the people you invite, and keeping sign-in details safe.
- What you upload stays yours. You give us permission to store, process, copy and show it only as needed to run the service for you and the people you share it with.
- You may not upload anything unlawful, infringing or harmful, or anything you have no right to share.
- We may change, limit or end an online service. If we end a paid one, we will give you at least 30 days' notice, a way to download your data, and a refund of any prepaid, unused part.
14. Updates, support and changes
We may improve, change or remove features of the Software and the website over time. Updates may be needed to keep using the online services. Support is by email, during normal business hours, on a best-effort basis; we don't promise a response time unless we have agreed one with you in writing. We support the versions of Windows named on our download page.
15. Third-party components
The Software includes open-source and other third-party components. Each is licensed under its own terms, listed with the Software, and those terms apply to that component. Websites and services we link to are run by others, and we are not responsible for them.
16. Suspension and termination
You may stop using the Software at any time. We may suspend or end your license or account if you materially break these terms and, where the breach can be fixed, don't fix it within 14 days of our notice. We may do so at once for sharing license keys outside your company, tampering with license checks, non-payment, or unlawful use.
When a license ends, you must stop using it and delete the license file. Your files remain yours and remain readable as standard PDFs and in Kisheet Free. Sections 4, 6, 7, 8 and 15 to 23 continue after these terms end.
17. Warranty disclaimer
TO THE FULLEST EXTENT ALLOWED BY LAW, THE SOFTWARE, THE WEBSITE AND THE ONLINE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY QUANTITY, MEASUREMENT OR ESTIMATE PRODUCED WITH THE SOFTWARE IS COMPLETE OR CORRECT.
Your remedy if you are unhappy with the Software is the refund described in our refund policy.
18. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW:
- NEITHER WE NOR OUR MEMBERS, EMPLOYEES, CONTRACTORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BIDS, CONTRACTS, BUSINESS OR GOODWILL, ESTIMATING OR PRICING ERRORS, COST OVERRUNS, OR LOST OR CORRUPTED DATA, HOWEVER CAUSED AND EVEN IF WE WERE TOLD THEY WERE POSSIBLE;
- OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SOFTWARE, THE WEBSITE, THE ONLINE SERVICES OR THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID FOR KISHEET IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR US $100 IF YOU PAID NOTHING.
These limits apply whatever the legal theory (contract, tort including negligence, or otherwise) and even if a remedy fails of its essential purpose. They are part of the basis of the price. Some places don't allow certain limits, so some of them may not apply to you.
19. Indemnity
You agree to defend and indemnify us, and our members, employees and contractors, against claims, losses and costs (including reasonable lawyers' fees) brought by others that arise from Your Content, your bids, estimates and projects, your use of the Software against these terms, or your breach of the law or of anyone's rights. We will tell you promptly about such a claim and let you control its defense, but you may not settle it in a way that admits fault for us without our consent.
20. Export and sanctions
You agree to follow US and other applicable export control and sanctions laws. You confirm that you are not located in, or a resident or government of, a country or region under comprehensive US sanctions, and that you are not on a US government list of restricted parties. You may not use, export or re-export the Software in breach of those laws.
21. Governing law and disputes
- Talk to us first. Before starting a claim, write to legal@kisheet.com and give us 30 days to try to resolve it.
- Law. These terms are governed by the laws of the State of Oregon and applicable US federal law, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.
- Courts. Any dispute will be decided only in the state or federal courts located in Oregon, and both sides consent to their jurisdiction. Either side may bring a qualifying claim in small claims court, and we may seek an injunction anywhere to protect our intellectual property.
- Individual claims only. To the extent the law allows, claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative action, and each side waives a jury trial.
- Time limit. To the extent the law allows, any claim must be brought within one year after it arose.
22. Changes to these terms
We may update these terms. We will post the new version here with its date and, for a material change, tell license holders by email or in the Software at least 30 days before it takes effect. Changes don't apply to a dispute that arose before they took effect. If you don't agree to a change, stop using the Software and cancel any subscription before it takes effect; continuing to use it after that means you accept the change.
23. General
- These terms, the refund policy and the privacy policy, plus any order or written agreement we sign with you, are the whole agreement about their subject. If an order or signed agreement conflicts with these terms, it wins for that order.
- If any part of these terms can't be enforced, the rest still applies, and that part is enforced as far as the law allows.
- You may not transfer these terms or a license without our written consent. We may transfer them as part of a merger, acquisition or sale of our business or assets.
- Not enforcing a term is not a waiver of it.
- We are not responsible for delays or failures caused by events beyond our reasonable control.
- We may send notices to the email on your order or account. You may send notices to legal@kisheet.com.
- Headings are for convenience only. "Including" means "including without limitation".