1. The agreement
Plain English: by signing up, you agree to these terms.
These Terms of Service ("Terms") form a binding agreement between you ("Customer", "you") and João André Anica Galhardo ("Kapital Keys", "we", "us") for your use of the Kapital Keys web app, native apps, APIs, and marketing site (collectively, the "Service"). By creating an account or using the Service you accept these Terms. If you accept on behalf of an organization, you confirm you have authority to bind that organization.
2. Your account
Plain English: keep your password safe, give us accurate info, and don't share logins.
- You must provide accurate registration information and keep it current.
- You are responsible for activity under your account, including invitees you add.
- One person per account. Sharing logins is grounds for suspension.
- You must be at least 18 years old or have employer authorization to sign up.
- You must notify us promptly at security@kapitalkeys.com if you suspect unauthorized access.
3. License & access
Plain English: while your subscription is active, you can use Kapital Keys for your business.
We grant you a non-exclusive, non-transferable, revocable license to access and use the Service for your internal business operations during your subscription term, subject to these Terms and the plan you have chosen. You may not resell the Service, white-label it, or use it to provide a competing product.
4. Acceptable use
Plain English: don't use Kapital Keys to do anything illegal, abusive, or that breaks the platform.
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law.
- Upload, store, or transmit malware, spam, or material that infringes someone else's rights.
- Attempt to bypass authentication, rate limits, or any security control.
- Reverse engineer, decompile, or extract source code, except as expressly permitted by law.
- Probe or scan the Service for vulnerabilities, except via a security report at security@kapitalkeys.com.
- Use the Service to send unsolicited communications.
- Use automated means to scrape or replicate the Service in a way that interferes with normal operation.
5. Your data
Plain English: your data is yours. We process it on your behalf, per the Privacy Policy.
You retain all rights, title, and interest in the data you upload to the Service ("Customer Data"). You grant us the rights necessary to host, copy, transmit, and display Customer Data as required to operate the Service. We process Customer Data as a processor on your behalf in accordance with our Privacy Policy and applicable data protection law (including the GDPR). On request, we will sign a Data Processing Addendum incorporating Standard Contractual Clauses.
6. Payment
Plain English: a monthly fee per property, agreed in writing when you join. No commission on bookings. We send an invoice for every charge.
- Kapital Keys is offered to founding hosts at a monthly fee per property (and, where agreed, a one-off set-up fee), set out in writing when you join.
- Subscriptions renew each month until cancelled.
- Prices exclude VAT, which is added at the prevailing rate.
- We never take a commission on your bookings and never handle your guests' payments: guests pay you directly.
- Late payments may result in suspension of the Service until cleared, after notice.
7. Cancellation
Plain English: cancel any time from settings. Your data stays available for 30 days, then is deleted.
- You can cancel at any time by writing to hello@galhardo.cloud. The cancellation takes effect at the end of the current month.
- You can export your Customer Data at any time. After cancellation, exports remain available for 30 days, after which Customer Data is deleted (subject to legal retention obligations).
- We may suspend or terminate your account for material breach of these Terms, with reasonable notice except where breach is severe (e.g. abuse, fraud, security threat).
- Sections that by their nature should survive (e.g. §10–13, §15) survive termination.
8. Availability
Plain English: we work hard to keep Kapital Keys up, but no service is 100% perfect.
We target high availability for the Service but do not guarantee a specific uptime unless agreed in a written service-level agreement. We may schedule maintenance with reasonable notice.
9. Third-party services
Plain English: if you connect Kapital Keys to other tools, those tools have their own terms.
The Service integrates with third-party platforms (e.g. Booking.com, Airbnb, Vrbo, Smoobu, iCal feeds, payment processors). Your use of those platforms is governed by their terms. We are not responsible for outages, changes, or data losses caused by them.
10. Intellectual property
Plain English: Kapital Keys code, design, and brand belong to us. Your content belongs to you.
The Service, including its software, design, trademarks, and content we provide, is the property of Kapital Keys or its licensors. Nothing in these Terms transfers any of those rights to you, except the license in §3. You retain all rights in your Customer Data.
Feedback you send us is non-confidential and may be used to improve the Service without obligation to you, unless we agree otherwise in writing.
11. Warranty disclaimer
Plain English: Kapital Keys is provided as-is. We don't promise it will be perfect for every situation.
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise — including warranties of merchantability, fitness for a particular purpose, non-infringement, and that the Service will be uninterrupted or error-free. Where a jurisdiction does not allow this disclaimer, the warranty is limited to the maximum extent permitted.
12. Limitation of liability
Plain English: if something goes wrong, our maximum financial responsibility is what you paid us in the past 12 months.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill. Our total aggregate liability under these Terms in any 12-month period is limited to the amount you paid us for the Service in that period (or €100 if you paid nothing).
Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or any liability that cannot be limited by applicable law (including, where applicable, mandatory consumer rights).
13. Indemnification
Plain English: if your use of Kapital Keys gets us sued, you cover our costs — and vice versa for our infringement.
You will defend and indemnify us against any third-party claim arising from your Customer Data, your violation of these Terms, or your violation of applicable law. We will defend and indemnify you against any third-party claim that the Service, as provided by us and used by you in accordance with these Terms, infringes that party's IP rights.
14. Changes
We may update these Terms as the Service evolves. Material changes are announced by email to active accounts at least 30 days before they take effect. Continued use after the effective date constitutes acceptance of the updated Terms.
15. Governing law & venue
These Terms are governed by the laws of Portugal, without regard to conflict-of-law principles. Disputes that cannot be resolved by good-faith discussion are subject to the exclusive jurisdiction of the courts of Lisbon, Portugal, except where mandatory law (including consumer law) gives you a different forum.
The European Commission provides an online dispute resolution platform available to consumers in the EU.
16. Contact
Legal & contracts: legal@kapitalkeys.com
General contact: hello@galhardo.cloud
Postal address: João André Anica Galhardo, Tavira, Algarve, Portugal (full postal address on request at hello@galhardo.cloud).