Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Pavly Boules, an individual software developer based in Ravenna, Italy ("the Developer", "we", "us", or "our"), governing your access to and use of the Kamiara software application, website, and related services (collectively, "Kamiara" or "the Application").

By creating an account, accessing, or using Kamiara, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must immediately cease using the Application.

2. Scope of Service & Financial Disclaimer

• Financial Tool Only: Kamiara is a technological tool designed solely to assist users with personal expense tracking and financial budgeting. Pavly Boules is an individual software developer and is not a licensed financial advisor, legal consultant, certified public accountant, or investment manager.
• No Professional Advice: Information, reports, budget suggestions, and automated insights provided by Kamiara or its AI features ("Captain Cash") are for informational and organizational purposes only and do not constitute professional financial, tax, or investment advice. You maintain sole responsibility for reviewing your financial decisions.
• No Liability for Financial Consequences: In no event shall the Developer be liable for any financial decisions, loan defaults, tax penalties, interest charges, overdraft fees, or investment losses resulting from your reliance on data or AI insights generated within the Application.

3. Offline-First Architecture, Guest Mode & Content Backups

• Offline Operation: Kamiara's mobile applications utilize an offline-first data model using client-side SQLite databases.
• Guest Mode Disclaimer: Users accessing the Application in "Guest Mode" without a registered account store data strictly on their local device. Uninstalling the Application, clearing application storage, or losing your physical device will result in the immediate and permanent loss of un-linked Guest data. The Developer bears no responsibility for unrecoverable Guest data.
• Sync Responsibility: For registered accounts, data created or modified while offline will synchronize with cloud servers once an internet connection is established. The Developer shall not be held liable for local data loss occurring prior to a successful cloud synchronization.
• User Backup Responsibility: You are solely responsible for maintaining independent backups of your recorded financial data and uploaded content.

4. Artificial Intelligence & Automated Features

• Output Accuracy: Kamiara incorporates machine learning models for receipt OCR and text categorization. Automated systems may occasionally misinterpret receipt images, vendor names, or transaction amounts.
• User Verification Required: You are required to review, verify, and correct all machine-generated transactions. We provide no guarantee regarding the absolute accuracy of machine-generated classifications.

5. Subscriptions, Storage Quotas & Refund Policy

• Web Subscriptions: Billing for web-based subscriptions is managed by Paddle Payments Ltd. or Paddle.com Market Ltd. acting as our Merchant of Record. Payment processing is subject to Paddle's Terms of Service and Privacy Policy.
• Mobile Subscriptions: In-app subscriptions on mobile devices are processed directly through the Apple App Store (Apple Inc.) or Google Play Store (Google LLC) and are subject to their respective platform payment terms.
• Storage & Fair Use Limits: Uploading receipt images and attachments is subject to tier-based storage limits and Fair Use quotas. Reaching or exceeding storage thresholds may pause new receipt image uploads until storage space is freed or your subscription tier is upgraded.
• Auto-Renewal & Cancellation: Subscriptions automatically renew at the end of each billing cycle unless canceled at least 24 hours prior to the renewal date via your account settings on the platform of purchase (Paddle, Apple, or Google).
• Refund Policy: All subscription fees paid are non-refundable, except as explicitly required by applicable law or under the specific refund rules of the processing merchant (Paddle, Apple App Store, or Google Play Store).

6. Intellectual Property Rights

All right, title, and interest in and to Kamiara—including software code, user interface designs, visual elements, documentation, graphics, text, and the unregistered trademark "Kamiara"—are the exclusive intellectual property of Pavly Boules. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Kamiara for personal, non-commercial purposes. You may not reverse-engineer, decompile, redistribute, sell, or create derivative works from the Application code without prior written consent.

7. User Conduct & Account Termination

• Fair Use & API Limits: To protect infrastructure stability, we enforce rate limits on API requests and server interactions.
• Prohibited Conduct: You agree not to attempt to breach server security, scrape application data, submit malicious payloads, automate unauthorized requests, or manipulate server requests.
• Termination: We reserve the right to suspend or permanently terminate your account without prior notice if you violate these Terms, engage in API abuse, or perform unauthorized technical manipulation.

8. Limitation of Liability & Numeric Liability Cap

• "AS IS" Service & Uninterrupted Service Disclaimer: Kamiara is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. We do not guarantee that the Application will operate uninterrupted, delay-free, error-free, or virus-free. We reserve the right to modify, suspend, or discontinue any feature at any time without prior notice or liability.
• Limitation of Damages: To the maximum extent permitted by applicable law, in no event shall developer Pavly Boules be liable for any direct, indirect, incidental, special, consequential, or punitive damages—including financial losses, lost savings, loss of data, business interruption, tax penalties, or device malfunctions—arising out of your access to, use of, or inability to use Kamiara.
• Numeric Liability Cap: To the maximum extent permitted by applicable law, the total aggregate liability of developer Pavly Boules for any and all claims, disputes, damages, or losses arising out of or relating to Kamiara shall be strictly limited to $50 USD (or the total amount actually paid by you to Kamiara in the 12 months preceding the event giving rise to liability, whichever is less).

9. Class Action Waiver & Dispute Resolution

To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted solely on an individual basis and not in a class, consolidated, or representative action. You explicitly waive any right to file, join, or participate as a plaintiff or class member in any class action lawsuit, class-wide arbitration, or collective legal proceeding against Pavly Boules regarding Kamiara.

10. Indemnification

You agree to defend, indemnify, and hold harmless Pavly Boules from and against any claims, liabilities, damages, judgments, awards, losses, costs, or fees (including reasonable legal fees) resulting from your violation of these Terms or your unlawful use of Kamiara.

11. Age Eligibility & Strict 18+ Requirement

You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to access or use Kamiara. By creating an account or using the Application, you represent and warrant that you are at least 18 years old and possess the full legal capacity to enter into these binding Terms. Access to Kamiara by anyone under the age of 18 is strictly unauthorized. We reserve the absolute right to immediately terminate any account and purge all associated data if we determine or suspect that the user is under 18 years of age.

12. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Italy and applicable European Union regulations. You agree that the competent courts located in Ravenna, Italy shall have exclusive jurisdiction to settle any legal dispute or claim.

13. Severability Clause

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.

14. Controlling Language

These Terms of Service and the Privacy Policy are drafted and executed in the English language. Any translation provided is solely for convenience. In the event of any conflict, discrepancy, or ambiguity between the English version and any translated version, the English version shall prevail and be legally controlling.