Legal

Terms of Service

Effective date: 2 July 2026 · Last updated: 2 July 2026

These Terms of Service ("Terms") form a binding agreement between you and KACOF("KACOF", "we", "us" or "our"), a digital product studio based in Kathmandu, Nepal, governing your access to and use of kacof.tech (the "Website") and our services and products. By accessing or using the Website, or by engaging us, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Website or our offerings.

1. Definitions

  • "Services" — the professional services we provide (see Section 5).
  • "Products" — our own software products (see Section 6), including KRMApp and others in development.
  • "Client" — a person or organisation that engages us for Services or subscribes to a Product.
  • "SOW" — a proposal, order form, quotation, or statement of work describing a specific engagement.
  • "Deliverables" — the outputs we agree to provide under an SOW.
  • "Client Materials" — content, data, and assets you provide to us.
  • "Content" — text, graphics, logos, code, and other materials on the Website.

2. Eligibility and responsibility

You must be at least 18 years old, or the age of majority in your jurisdiction, and able to enter a binding contract, to use the Website for business purposes or to engage us. You are responsible for the accuracy of the information you provide and for safeguarding any credentials we issue.

3. Acceptable use

You agree not to:

  • Use the Website or Services in breach of any law or the rights of others;
  • Attempt to gain unauthorised access to, disrupt, overload, probe, or reverse-engineer the Website, Products, or our infrastructure;
  • Introduce malware, conduct large-scale scraping, or interfere with other users;
  • Copy, resell, sublicense, or exploit our Content, Products, or brand without written permission;
  • Transmit unlawful, defamatory, infringing, or harmful material.

We may investigate and take appropriate action, including suspension, for any breach.

4. Engagements and order of precedence

The Website provides general information only and is not an offer. Any Service engagement is governed by a separate written SOW that sets out scope, Deliverables, milestones, timelines, fees, and payment terms. If these Terms conflict with a signed SOW, the SOW prevails for that engagement; otherwise these Terms apply. Estimates and timelines are given in good faith and may be revised for changes in scope, delayed Client inputs, or events beyond our reasonable control.

5. Our Services

We offer, among others:

  • Enterprise systems & ERP / CRM;
  • AI & intelligent systems (including LLM, RAG, and automation);
  • Data, analytics & business intelligence;
  • Custom software, web platforms & design;
  • Mobile application development;
  • Cloud, DevOps & security.

Service descriptions on the Website are indicative. The exact scope, assumptions, and exclusions for your project are defined in the SOW. Any work outside the agreed scope ("change requests") may require a written change order and additional fees.

6. Our Products

We build and operate our own software products, including KRMApp (Kacof Restaurant Manager, live), and KHMS, KSMS, and KPOS (in development). Each Product may be offered under its own separate terms of use, subscription terms, and privacy policy, which govern your use of that Product and prevail over these Terms for that Product.

  • Availability: Products are provided on a reasonable-efforts basis. Unless a specific service-level commitment is agreed in writing, we do not guarantee uninterrupted or error-free operation.
  • Beta / in-development Products: features labelled "in development", "beta", "early access", or "coming soon" are provided "as is", may change or be withdrawn, and must not be relied upon for critical operations.
  • Subscriptions & fees: where a Product is paid, pricing, billing cycles, and cancellation are set out in that Product's terms or order form.
  • Your data in Products: you are responsible for the accuracy and legality of data you enter, and for maintaining your own backups unless we expressly agree otherwise.

7. Client responsibilities

To let us deliver effectively, you agree to:

  • Provide accurate, complete, and lawful Client Materials, and any access, approvals, and decisions we reasonably need, on time;
  • Ensure you hold all rights and consents for Client Materials and any data you ask us to process;
  • Review and respond to deliverables and requests within agreed timeframes;
  • Maintain your own backups of critical data and credentials.

Delays, incomplete information, or missed approvals on your side may affect timelines and costs, and are not our responsibility.

8. Fees, payment, taxes and refunds

  • Fees are set out in the applicable SOW or Product order and are payable within the stated period;
  • We may require a non-refundable deposit or upfront/milestone payments before starting or continuing work;
  • Unless stated otherwise, fees are exclusive of taxes. You are responsible for all applicable taxes and duties — including Nepal VAT, Indian GST, EU/UK VAT, Australian GST, Canadian GST/HST, or US sales tax — and for any withholding taxes required in your jurisdiction, without reducing the amount we receive;
  • Payments are due in the currency specified; bank, transfer, and currency-conversion charges are the payer's responsibility;
  • Refunds: except where required by mandatory law, fees for work performed and deposits are non-refundable. Amounts paid for completed milestones or delivered work are not refundable;
  • Late payment: overdue amounts may accrue reasonable interest, and we may suspend Services or access to Products until payment is received, to the extent permitted by law.

9. Intellectual property

The Website, our Products, and our Content — including the KACOF name, the "K" logo, designs, text, and code — are owned by or licensed to KACOF and protected under the laws of Nepal and international treaties (including the Berne Convention and TRIPS). You receive no rights in them except as expressly granted.

For Client engagements: we retain all rights in our pre-existing materials, tools, frameworks, libraries, methodologies, and know-how ("Background IP"), and in general skills and experience we gain. Upon full payment of all fees due for an engagement, and unless the SOW states otherwise, we assign or licence to you the rights in the final, paid-for Deliverables for their intended purpose. Until full payment, all Deliverables remain our property, and any licence is suspended. Third-party and open-source components remain subject to their own licences.

10. Client Materials and feedback licence

You retain ownership of your Client Materials and grant us a limited, worldwide, royalty-free licence to use them solely to perform the Services and operate the Products for you. If you provide ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, royalty-free licence to use them to improve our offerings without obligation to you. Do not submit confidential information through public forms.

11. Confidentiality

Each party may receive the other's confidential information and will use it only to perform under the agreement, protect it with reasonable care, and disclose it only to those who need to know and are bound by similar obligations, or as required by law. This does not apply to information that is or becomes public through no fault of the receiving party, is independently developed, or is lawfully received without restriction.

12. Data protection and security

Our handling of personal information through the Website is described in our Privacy Policy. In addition:

  • Where we process personal data on your behalf as part of the Services or a Product, you are the controller (or equivalent) and we act as processor on your documented instructions; a separate Data Processing Addendum ("DPA") is available on request and, where signed, governs that processing;
  • You are responsible for the lawfulness of the data you provide or ask us to process, including obtaining all necessary consents and notices from your end users, and for complying with the laws that apply to you (including the GDPR, DPDP Act, PIPEDA, CCPA/CPRA, the Australian Privacy Principles, and Nepal's Individual Privacy Act);
  • We implement reasonable technical and organisational security measures appropriate to the risk, but no system is completely secure. We do not warrant that data will never be lost or accessed without authorisation, and, to the extent permitted by law, we are not liable for incidents caused by factors beyond our reasonable control, third-party services, or your acts or omissions (such as weak credentials or failure to keep backups);
  • You must notify us promptly of any suspected security issue affecting your account or data.

13. Third-party services and links

The Website, Services, and Products may rely on or link to third-party services (such as hosting, analytics, AI providers, or payment processors). We are not responsible for their content, availability, security, policies, or practices, and your use of them is subject to their terms. We are not liable for any loss arising from third-party outages or changes.

14. Warranties

We warrant only that Services will be performed with reasonable skill and care and substantially as described in the applicable SOW. This is your exclusive warranty from us. To claim under it, you must notify us of the defect within the acceptance or warranty period stated in the SOW (or, if none, within 15 days of delivery), and our sole obligation is to re-perform or correct the affected work.

15. Disclaimers

Except for the limited warranty in Section 14 and any mandatory rights under applicable law, the Website, Content, Products, and Services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website or Products will be uninterrupted, timely, secure, or error-free, or that results will meet your expectations.

16. Limitation of liability

To the fullest extent permitted by applicable law:

  • KACOF and its team, owners, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, data, or goodwill, however caused, even if advised of the possibility;
  • Our total aggregate liability arising out of or relating to the Website, the Services, or a Product is limited to the amount you paid to us for the specific Services or Product giving rise to the claim during the twelve (12) months before the event, or the amount stated in the applicable SOW;
  • Nothing in these Terms excludes liability that cannot be excluded by law (such as liability for fraud, or for death or personal injury caused by negligence), or any mandatory consumer or data-protection rights.

17. Indemnification

You agree to indemnify, defend, and hold harmless KACOF and its team from and against third-party claims, losses, liabilities, damages, and reasonable costs (including legal fees) arising from: (a) your Client Materials or the data you provide; (b) your use of the Website, Services, or Products in breach of these Terms or the law; or (c) your infringement of any third-party right — except to the extent directly caused by our proven wrongdoing, and subject to any limits imposed by law.

18. Publicity and portfolio

Unless your SOW says otherwise or you tell us in writing, we may describe the general nature of the work we did for you and use your name or logo as a reference. Where confidentiality applies, we will present the work anonymously and share references only with your permission (see our Work page).

19. Term and termination

These Terms apply while you use the Website. We may suspend or restrict access at any time if we reasonably believe these Terms have been breached, for non-payment, or to protect the Website, our Products, or our users. Termination of an engagement is governed by the SOW; on termination, you must pay for all work performed and non-cancellable commitments up to the termination date. Provisions that by their nature should survive — including Sections 9–12 and 15–17 — survive termination.

20. Governing law

These Terms are governed by and construed in accordance with the laws of Nepal, including the Muluki Civil Code, 2074 (2017), the Electronic Transactions Act, 2063 (2008), and the Consumer Protection Act, 2075 (2018), without regard to conflict-of-law rules. Subject to Section 21, the courts of Kathmandu, Nepal have exclusive jurisdiction over disputes relating to these Terms or the Website.

21. Dispute resolution & arbitration (international clients)

Please contact us first so we can try to resolve any dispute informally and in good faith. For Clients located outside Nepal (including in India, the EU/EEA, the UK, the US, Canada, Australia, and elsewhere), the parties may agree in the SOW to resolve disputes by binding arbitrationseated in Kathmandu, Nepal, under the Arbitration Act, 2055 (1999), conducted in English by one or more arbitrators, with the award enforceable under the New York Convention. Either party may still seek urgent injunctive relief from a court of competent jurisdiction. Where mandatory law gives you a non-waivable right to bring proceedings in your home courts, this Section does not remove it.

22. Your local consumer rights

If you deal with us as a consumer, you may have mandatory rights under your local law that cannot be excluded — for example under EU/UK consumer law, the Australian Consumer Law, Canadian consumer legislation, US state law, India's Consumer Protection Act, 2019, or Nepal's Consumer Protection Act, 2075. Nothing in these Terms limits those mandatory rights, and where a provision conflicts with them, your mandatory rights prevail for that conflict only.

23. Export controls and sanctions

You represent that you are not located in, and will not use the Website, Services, or Products on behalf of any party in, a country or by a person subject to applicable trade sanctions or export restrictions, and that you will comply with applicable export-control laws.

24. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, epidemics, power or internet outages, cyber-attacks, third-party service failures, strikes, or governmental actions. Affected obligations are suspended for the duration of the event.

25. Changes to these Terms

We may update these Terms from time to time. The updated version will be posted here with a revised effective date. Your continued use of the Website after changes take effect constitutes acceptance.

26. Miscellaneous

  • Entire agreement: together with any SOW, Product terms, and our Privacy Policy, these Terms are the entire agreement regarding the Website.
  • Severability: if any provision is held invalid, the rest remain in full force, and the invalid provision is limited to the minimum extent necessary.
  • Waiver: failure to enforce a provision is not a waiver of it.
  • Assignment: you may not assign these Terms without our written consent; we may assign them in connection with a business transfer.
  • Notices: we may give notice via the Website or the email you provide.
  • Language: these Terms are drafted in English, which governs any translation.
  • Relationship: nothing here creates a partnership, agency, or employment relationship.

27. Contact

Questions about these Terms? Contact us: