Terms of Service

1. Accounts

• You need an account to use Kudzu. Sign in with email, Apple or Google.
• A company starts a Kudzu account and becomes the "customer." Its Admins invite people, assign projects and set the company's settings. People join only by an invite code or email invite from an Admin.
• Keep your sign-in to yourself. You're responsible for what happens under your account. Tell us right away at support@kudzupm.com if you think someone else is using it.
• You must be 18 or older and using Kudzu for work.

2. Subscription, free trial and billing

• Kudzu costs $9.99 per user per month, plus any tax. The price can change; we'll give Admins at least 30 days' notice first.
• The first month is free for each new company. Unless it's cancelled before the trial ends, the subscription starts and renews each month.
• You can pay through the App Store, Google Play, or on the web. Purchases in an app store are billed, renewed, cancelled and refunded under that store's rules; manage them in your phone's subscription settings. Web subscriptions are billed by card through our payment provider and can be cancelled in the web app under Admin → Billing.
• Cancelling stops the next renewal. You keep access through the end of the period you've paid for. We don't refund partial months, except for billing errors or if we've broken these terms.
• If a payment fails and isn't fixed, we may pause the account. Your records stay put and come back when the account is paid up.

3. Your company's data

• Everything your company puts in Kudzu (daily logs, photos, warranty items, expenses, contacts, files) belongs to your company. We don't claim it.
• You give us permission to store, copy, process and display it only to run Kudzu for you: building reports, emailing them where you tell us, reading receipts, and so on. Our Privacy Policy explains how we handle personal information. We may also make de-identified data from your records and from how Kudzu is used, with names, contact details and anything else that identifies your company or people removed. We may use it to improve Kudzu, including training the models behind Kudzu's features. We own that de-identified data, won't try to re-identify it, and won't sell it.
• Your company can export its records at any time. If it closes its account, it has 90 days to export its records for free before we delete them as the Privacy Policy describes.

4. Your responsibilities

• Make sure you have the right to put information in Kudzu, including photos and the contact details of subcontractors, owners, homeowners and tenants, and that your use follows the law.
• Check what you send. Daily reports, owner summaries and photo reports go to the people you choose. Use "Internal only" for anything that shouldn't go out.
• Keep your own records as your business requires. Kudzu is a tool, not your system of record for taxes or contracts.

5. Expenses, sales tax and accounting

Kudzu helps you code card charges and receipts, splits them across projects and estimates the sales tax included in a charge using the rate your company sets. These are estimates. Check them against the receipt. Kudzu doesn't give tax, accounting or legal advice. Your company is responsible for its books, tax filings and anything it exports to accounting software.

6. Weather, location and other information

Weather comes from the National Weather Service and other public sources and may be wrong or late. Locations on photos come from your phone and may be off. Don't rely on either for safety decisions.

7. Safety and incident reports

Kudzu lets you record safety incidents and theft or vandalism, including police report details. Recording something in Kudzu doesn't report it to anyone else. In an emergency, call 911. You're still responsible for any report you must make to OSHA, the police, your insurer or anyone else.

8. Acceptable use

Don't:

• break the law or anyone's rights with Kudzu, or upload anything you don't have the right to share;
• try to get into accounts, companies or data that aren't yours;
• copy, resell, reverse engineer or build a competing product from Kudzu;
• overload, probe or disrupt the service, or use bots to pull data from it;
• upload malware or anything meant to harm people or systems.

9. Connected services

Kudzu can work with other services, like Apple and Google sign-in, app stores, and accounting software such as QuickBooks Online once that connection is available. Those services have their own terms, and we're not responsible for them.

10. Changes to Kudzu

We'll keep improving Kudzu, which means features may change. If we remove something important you pay for, we'll tell Admins ahead of time.

11. Disclaimers

We work hard to keep Kudzu running and your data safe, but Kudzu is provided "as is" and "as available." To the extent the law allows, we disclaim all warranties, including merchantability, fitness for a particular purpose and non-infringement. We don't promise that Kudzu will be uninterrupted or error-free.

12. Limits on liability

To the extent the law allows, neither side is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost data. Kudzu's total liability for any claim about these terms or the service is limited to the greater of $100 or what your company paid Kudzu in the 12 months before the claim. These limits don't apply to fraud or willful misconduct.

13. Indemnity

If someone makes a claim against Kudzu because of information your company put in Kudzu or how it used Kudzu in breach of these terms, your company will cover our reasonable costs of defending it.

14. Ending the agreement

You can stop using Kudzu and close your account any time. We may suspend or close an account that breaks these terms or isn't paid, and we'll give notice when we reasonably can. Sections 3, 5, 11, 12, 13 and 15 still apply afterward.

15. Governing law and disputes

Tennessee law governs these terms. Any dispute goes to the state or federal courts in Hamilton County, Tennessee. Both sides give up the right to a jury trial. Before going to court, please email us and give us 30 days to try to work it out.

16. App Store terms

If you got Kudzu from Apple's App Store: this agreement is between you and Kudzu, not Apple. Apple isn't responsible for Kudzu or its content, and has no duty to provide maintenance or support. If Kudzu fails to meet a warranty that applies, you can tell Apple and Apple will refund the purchase price; Apple has no other warranty obligation. Apple isn't responsible for claims about Kudzu, including product liability, legal compliance, consumer protection or intellectual property claims; Kudzu is. You confirm you're not in a country under a U.S. embargo and not on a U.S. government list of prohibited parties. Apple and its subsidiaries are third-party beneficiaries of these terms and can enforce them against you.

17. Changes to these terms

If we change these terms in a way that matters, we'll update the date above and tell Admins at least 30 days before the change takes effect. Keeping on with Kudzu after that means you accept the new terms.

18. Contact

support@kudzupm.com · CDV ECOMM, LLC, 2827 Cummings Highway, Chattanooga, TN 37419