These terms govern business subscriptions to Kettly and its free trial (clause 17). Kettly is development appraisal software for business use. Your order records your business’s subscription term, user licences and charges.
1. Our contract with your business
1.1 We, us and our mean Kinda Living Ltd, trading as Kettly, a company registered in England and Wales with company number 16785491. You and your mean the business identified in the order, or the business starting a free trial. Users are the people authorised to access your account. The order means the order form or quotation we both accept in writing, including by email.
1.2 The contract consists of the order, these terms and the data processing agreement, including its annexes and provider register. The data processing agreement takes priority on the processing and protection of personal data. Otherwise, an express provision in the order takes priority over these terms. The privacy notice explains our handling of personal data for our own purposes; it does not expand our rights to use your content.
1.3 The contract is formed when both parties accept the order in writing. Access and subscription charges begin on the start date stated in the order. The person accepting for each party confirms that they have authority to bind that party. We will provide or link to the applicable documents before acceptance and retain the accepted versions. A free trial needs no order: the contract for a trial is formed when you accept these terms on the trial form (clause 17).
1.4 You confirm that you are subscribing wholly or mainly for your trade, business, craft or profession. Kettly is not offered under these terms for personal or household use. Nothing in these terms removes rights which cannot lawfully be excluded.
2. Subscription period and renewal
2.1 Each account has the initial subscription period stated in its order, from the start date. It then renews automatically for successive periods of the same length unless either party gives written notice of non-renewal at least 30 days before the current period ends. Each initial or renewal period is a subscription term. A change of plan requires written agreement and normally takes effect at renewal.
2.2 We will send a renewal reminder to your nominated account contact at least 60 days before the current period ends. If we do not send it on time, your non-renewal deadline is extended to the later of the usual deadline and 30 days after we send it. If that extended deadline falls after renewal, you may cancel the renewal by giving notice within that deadline. It will then end when we receive your notice, with charges only for the renewal service supplied to that date and a refund of any excess prepayment.
2.3 Monthly invoices are instalments of the commitment for your selected subscription term. Except for an express termination right in this contract or under applicable law, you cannot end the subscription early, reduce the committed charges or obtain a refund by ceasing to use Kettly, removing users or requesting account closure. A cancellation request is treated as notice of non-renewal unless you identify an applicable early termination right.
2.4 All user licences on an account follow that account’s subscription term. Licences added during a subscription term end with that account’s current term; they do not begin separate subscription terms. Clause 5 explains their charges.
3. Your account and users
3.1 You must nominate an account contact authorised to request account and user changes. We set up the account and add, change or remove users on that contact’s instructions. Keep your contact and billing details current.
3.2 Users must be your employees or contractors, or other people expressly permitted in the order. Each user must have their own login. Logins must not be shared or used to avoid the agreed licence allowance.
3.3 You are responsible for your users’ compliance with these terms. Tell us promptly when access should be removed or you suspect unauthorised access. We may verify the authority of a person requesting changes or exports before acting.
3.4 You may replace one named user with another within your purchased allowance without buying another licence, provided the change is a genuine reassignment and not account sharing.
4. Permitted use
4.1 During the subscription, we grant your authorised users a non-exclusive, non-transferable right to use Kettly for your business, including preparing appraisals and reports for your clients. You may share exported outputs with clients, advisers, lenders and other intended recipients in the course of that work.
4.2 This permission does not allow you to resell access to Kettly, provide it as a hosted service to others, share logins or allow access outside your agreed account scope.
4.3 You must not access another customer’s data, bypass account limits or security, introduce malicious code, disrupt or overload the service, or conduct security testing without our prior written permission. You must not copy or reverse engineer the software except where applicable law permits it despite this restriction.
4.4 You must have the rights and permissions needed for everything you submit, including any disclosure to the providers involved in the feature you use. Do not submit unlawful material or unnecessary personal data. Do not submit special category personal data or criminal offence data unless we have first agreed the processing and safeguards in writing.
5. Prices and payment
5.1 The order records your business’s charges: the rate for each named user licence, the number of licences, the monthly account charge, the total for the initial subscription term, and any usage limits and separately chargeable services. Charges exclude VAT, which we add only where legally chargeable.
5.2 Unless the order expressly provides for prepayment of the full term or another billing schedule, we issue invoices monthly in advance through Stripe, payable within 14 days of the invoice date. The order states the monthly amount and the total for the initial term. The billing schedule does not change the subscription term.
5.3 We will confirm extra licences and their charges in writing before providing them. Unless expressly agreed otherwise, an added licence uses your account’s current per-user rate, is charged from the next monthly billing date and is committed for the remainder of the current subscription term. We agree any separately chargeable services in writing. Removing or reassigning a user does not reduce an agreed licence commitment. Reductions for renewal must be agreed in writing before the non-renewal deadline; otherwise the existing account scope continues.
5.4 Tell us promptly if you dispute an invoice in good faith, explaining why. Pay the undisputed part on time. We will investigate the disputed part and will not suspend solely for that part while the dispute is being pursued reasonably.
5.5 If an undisputed invoice remains unpaid 14 days after its due date, we may give at least seven further days’ written notice of suspension. If it is still unpaid when that notice expires, we may suspend access under clause 10. This does not prevent us pursuing sums lawfully due.
5.6 Your agreed subscription rates are fixed for the current subscription term, except for changes you agree in writing and VAT changes required by law. We may propose different rates for renewal by giving at least 60 days’ written notice before renewal. If that notice is late, the existing rates continue for the next subscription term unless you expressly agree otherwise. You may give notice of non-renewal under clause 2.
6. Your content and exports
6.1 Your content means information and materials your users submit to or save in Kettly, including appraisal data, notes, documents and customer-specific outputs. You and your licensors retain your rights in that content. We do not acquire ownership of it.
6.2 You give us permission to host, copy, transmit, process and display your content only as necessary to provide and secure the service, carry out your instructions, provide support and meet legal obligations. Support may include our authorised staff viewing your content to help your users, check how an appraisal has been set up or investigate a problem. This permission extends to authorised providers only as needed for those purposes and lasts only for the relevant processing and retention period. Personal data is also governed by the data processing agreement.
6.3 We will not use your content to train AI models, advertise to you or other people, or create commercial datasets for sale. Confidentiality applies to your content whether or not it contains personal data.
6.4 While access is active, you may export the information Kettly retains for your account using the available backup, appraisal, PDF and spreadsheet export functions. Export formats cover their supported data fields and do not include Kettly’s source code or information about other customers. An original document processed temporarily for autofill is not available for later download unless the feature expressly says it is retained.
6.5 The primary customer database is hosted in London, United Kingdom. Some features and support processes involve providers and processing outside the UK, as described in the provider register. We do not promise that all processing or every copy of your content remains in the UK.
6.6 We maintain the backups described in Annex B of the data processing agreement. You should keep independent copies of important information and original documents. This does not reduce our own contractual or data-protection responsibilities.
7. Optional AI autofill
7.1 When a user selects autofill, the selected document’s text and relevant page images are sent through our hosting service to Anthropic’s commercial API to suggest appraisal information. The feature is optional. Do not submit documents unless you have authority for that processing and disclosure.
7.2 Suggested information may be inaccurate, incomplete or taken out of context. Users must check it against the source document and confirm its suitability before accepting or relying on it. Autofill does not verify legal rights, planning status, tax treatment, market evidence or the reliability of the source document.
7.3 We do not keep the documents users send to autofill: Kettly reads them and passes them to Anthropic, and does not store them. Accepted values and any source references the user saves become part of your content. Provider retention is described in the provider register.
7.4 We use Anthropic under commercial terms that prohibit model training on customer content from the service. This is separate from retention for processing, security or legal purposes. The provider register explains applicable retention and exceptions. We will not enable or continue autofill where its processing arrangements cannot meet our obligations under the data processing agreement.
8. Appraisals and professional responsibility
8.1 Kettly supports development appraisal calculations. Outputs depend on the inputs, assumptions, dates, settings and methodology selected or accepted by your users. Defaults, examples, estimates and AI suggestions require review; they are not automatically appropriate to a particular site or transaction.
8.2 Kettly does not itself provide or certify a professional valuation, including a RICS Red Book valuation, or provide financial, investment, tax, planning or legal advice. No output is a guarantee of value, planning permission, funding, development cost, profitability or another outcome.
8.3 You are responsible for choosing and checking inputs and methodology, reviewing outputs, obtaining appropriate professional advice and deciding how outputs are used. A professional using Kettly remains responsible for their own advice, reports and applicable professional standards.
8.4 Sharing an output does not make Kettly the recipient’s adviser or create a contractual duty to that recipient. Reports should identify your business as responsible for their assumptions and conclusions. Nothing here excludes liability which cannot lawfully be excluded.
8.5 These responsibilities do not remove our obligation to provide Kettly with reasonable care and skill, including maintaining its calculation functions. Our liability is addressed in clause 14.
9. Service standards and changes
9.1 We will provide Kettly with reasonable care and skill. We do not guarantee uninterrupted or error-free operation. We will use reasonable efforts to investigate and correct material defects reported to us. Unless the order states otherwise, there is no guaranteed uptime or support response time.
9.2 Where reasonably practicable, we give advance notice of planned maintenance and schedule it outside normal UK working hours. Urgent security work may require immediate action.
9.3 We may maintain and improve the service, but will not materially reduce the core functionality agreed for your current subscription term. If a legal requirement or material security risk requires an adverse change, we will explain it and seek a reasonable alternative. If the change materially prevents your agreed use and no reasonable alternative is available, you may terminate the affected service, or the whole subscription if it cannot reasonably be separated, under clause 10.5.
10. Suspension and early termination
10.1 We may suspend the affected access promptly where reasonably necessary to address a material security threat, unlawful use or serious misuse. We will keep the suspension proportionate, explain it as soon as reasonably possible unless prohibited, and restore access when the reason is resolved. Payment suspension follows clause 5.5.
10.2 Suspension does not itself end the contract or trigger deletion. Committed charges continue during a suspension caused by your breach, subject to applicable law. For a suspension not caused by your breach, we will credit the charges attributable to any period in which you cannot materially use the contracted service. We will arrange a secure route for necessary content exports and data-protection cooperation where ordinary access is suspended, subject to lawful security restrictions.
10.3 Either party may terminate for the other’s material breach if it cannot be remedied, or if it remains unremedied 14 days after written notice explaining the breach and required remedy. We may terminate for non-payment if an undisputed amount remains unpaid 14 days after suspension under clause 5.5, by giving written termination notice.
10.4 Any right to suspend or terminate because of insolvency, financial distress or a breach arising before an insolvency procedure is subject to applicable insolvency law. These terms do not authorise action prohibited by that law.
10.5 You may terminate where clause 9.3, clause 15.2 or the sub-processor objection procedure expressly allows it. Either party may terminate if an event outside reasonable control prevents material performance for more than 30 consecutive days and no reasonable alternative is available. Notice must identify the relevant ground.
10.6 Neither party has a general right to terminate for convenience during a subscription term. This does not prevent a written agreement to end early or the exercise of a termination right under applicable law.
11. When the contract ends
11.1 When the subscription expires or is validly terminated, ordinary access ends. You must pay accrued charges lawfully due. Where termination follows our unremedied material breach, an adverse change or sub-processor objection giving you a termination right, or an event under clause 10.5 outside your control, no future subscription instalments fall due and we refund unused prepaid subscription fees proportionately.
11.2 A notice of non-renewal does not affect fees for the current term. If we terminate for your breach, we may recover accrued debts and any further loss recoverable under the contract and applicable law, taking account of avoided costs and any duty to mitigate. There is no automatic entitlement to charge all remaining instalments as well as recover the same loss again.
11.3 At your choice, we will return or delete retained customer content. Export it before access ends where possible. For 30 days after the end date, you may request a secure export in the available standard formats, without an additional export fee. If you request deletion instead, we will carry it out without unnecessary delay and will not retain content simply to preserve the export window.
11.4 Unless UK law requires retention, we delete customer content from live systems, including support copies held on your behalf, no later than 60 days after the end date. Our routine backups expire no later than seven days after live deletion, so no later than day 67. Until expiry, backup data is protected and beyond ordinary use. If a backup is restored, deletion instructions are reapplied. Provider-specific processing is subject to the data processing agreement and its completed register.
11.5 We may retain our own necessary billing, contract and administrative records as described in the privacy notice. This does not permit us to retain customer-content attachments contrary to the data processing agreement.
11.6 Clauses concerning accrued payments, retained content, confidentiality, intellectual property, liability, disputes and other provisions intended to survive continue for as long as relevant. The data processing agreement continues while we hold or process personal data on your behalf.
12. Our intellectual property and feedback
12.1 We and our licensors retain rights in Kettly’s software, interfaces, methods and general report templates. You receive no rights in them beyond the permissions in this contract. To the extent our material is embedded in an output you lawfully generate, you have a continuing, non-exclusive, royalty-free licence to use and share it as part of that output for the purposes permitted by clause 4.1.
12.2 You may choose to give us suggestions about Kettly. We may use those suggestions to improve the service without payment. This permission does not include your confidential information, personal data, appraisal content, name or branding, and does not override clause 6 or clause 13.
13. Confidentiality
13.1 Each party must protect the other’s confidential information using reasonable care and use it only for this contract. Your content and any non-public discounts or individually agreed commercial terms are confidential information. Published plan prices are not confidential. Each party may disclose information to personnel, professional advisers and authorised providers who need it for these purposes and are under appropriate confidentiality duties.
13.2 This obligation does not cover information the recipient can show was already lawfully known, becomes public without a breach, is independently developed, or is lawfully received without restriction from another source. A legally required disclosure is permitted, but the disclosing party must, where lawful, give advance notice and disclose only what is required.
13.3 Confidentiality continues after the contract ends for as long as the information remains confidential. Personal data remains subject to applicable data-protection duties.
14. Liability
14.1 Nothing in this contract excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or anything else which cannot lawfully be excluded or limited.
14.2 Subject to clause 14.1, neither party is liable to the other for loss of profit, revenue, business, goodwill or anticipated savings, whether direct or indirect, or for indirect or consequential loss. This does not excuse payment of charges lawfully due or a refund expressly required by this contract.
14.3 Subject to clause 14.1, our total aggregate liability in each period of 12 months from the start date is limited to the greater of: (a) the charges paid and payable under your order for that period, excluding VAT; and (b) £1,000. For a free trial, our total aggregate liability is limited to £100. The cap applies across all users on the account, not separately per user or per claim.
14.4 A claim is attributed to the 12-month period in which the event giving rise to it occurred, and claims arising from the same or related events to the period of the first event. The limit covers claims under or in connection with the contract, including in contract, negligence or other tort, and for non-fraudulent misrepresentation, to the extent permitted by law. There is no double recovery for the same loss.
14.5 The allocation of liability between the parties does not restrict an individual’s statutory data-protection rights, the powers of a regulator, or either party’s direct responsibilities under data-protection law. Any allocation or recovery between the parties remains subject to applicable law.
14.6 Except for the express commitments in this contract, other warranties and conditions are excluded only to the extent lawful and reasonable. Nothing in this clause removes the express reasonable-care-and-skill obligation in clause 9.1.
15. Changes to these terms
15.1 Material changes to these terms normally take effect at renewal. We will give at least 60 days’ written notice and identify the changes. If we give notice later, the existing terms continue for the next subscription term unless you expressly agree otherwise. You may give notice of non-renewal under clause 2.
15.2 We may make earlier changes where required by law or reasonably necessary to address a material security risk. We will give as much notice as reasonably practicable and explain the reason. If such a change materially disadvantages you and cannot reasonably be avoided, you may terminate the affected service by notice within 30 days after we notify you. Clause 11.1 applies. Purely administrative or clarifying changes may be made on notice where they do not materially reduce your rights or increase your obligations.
15.3 Changes to sub-processors follow the data processing agreement. Changes to a privacy notice do not themselves amend the contract or authorise new uses of customer content.
16. General provisions
16.1 Neither party is liable for delay or failure caused by an event beyond its reasonable control, provided it takes reasonable steps to reduce the effects and resume performance. This does not excuse charges already due, remove required data security, or prevent termination under clause 10.5.
16.2 Neither party may transfer this contract without the other’s written agreement, not to be unreasonably withheld. We may transfer it with our business if the buyer assumes its obligations and your protections are not materially reduced. We will give notice and comply with data-protection law.
16.3 A failure or delay to enforce a right is not a waiver. If a provision is unenforceable, the remaining provisions continue so far as legally possible. The contract is the parties’ entire agreement about the service, without excluding liability for fraud or non-excludable pre-contract statements.
16.4 No person other than the parties has contractual enforcement rights under the Contracts (Rights of Third Parties) Act 1999. This does not remove statutory rights.
16.5 Contract notices must be sent by email to hello@kettly.co.uk for us, and to your nominated account contact for you. An email is treated as received on the next business day after sending, provided no delivery-failure message is received. Business day means Monday to Friday excluding public holidays in England. This notice mechanism does not govern service of court proceedings or restrict how individuals may exercise statutory data rights.
16.6 The law of England and Wales governs this contract, and the courts of England and Wales have exclusive jurisdiction, subject to mandatory applicable law.
17. Free trials
17.1 A person acting for a business may start one free trial of Kettly for each email address, by accepting these terms on the trial form. No order or payment is needed. The trial sets up an account for your business with one user.
17.2 A trial lasts 7 days and includes up to 5 autofill reads. When it ends, access stops automatically. Unless your business subscribes, we delete the trial account, its content and its login 30 days after the trial ends, so export anything you want to keep before then.
17.3 A trial is free and is provided for evaluation. Clauses 2, 5, 11.3 and 11.4 do not apply to it, and we may refuse, limit or end a trial at any time. Clause 14.3 sets the limit of our liability for a trial.
17.4 If your business subscribes, its order replaces the trial, and the trial’s content carries over to the subscription.