Kai Merchant Terms of Service

Version 2026-08-17 · applies to businesses running a loyalty programme on Kai

DRAFT — pending legal review. This text was written for the Kai pilot and has not been reviewed by a qualified lawyer. Where the operating entity should be named it says so plainly instead of naming one. Commercial terms — price, notice periods, service levels — are stated as they are actually operated in the pilot, which is not the same as a negotiated contract.

1. Parties

These terms are between Kai Rewards ("Kai", "we") and the business that created the account ("you", "the Merchant").

Kai's registered details are not published yet. The entity is being established; this document will name it, with its registered address and tax number, before Kai leaves the pilot. The contact that works today is akaiyum@gmail.com, and it is monitored.

You confirm that you are acting as a business, that the person accepting these terms is authorised to bind you, and that the details you gave — company name, NIP, address, venue addresses — are correct.

2. What Kai provides

A hosted loyalty platform: a dashboard for you, a web app for your customers, a counter screen for issuing stamps, printable materials, message delivery to your customers where they have consented, and the reporting that goes with it.

Features change. We may add, alter or remove them. If we remove something you depend on, we will tell you before it goes.

3. Your account and your staff

You are responsible for who you give access to, and for what they do with it. Staff roles and permissions are yours to set in the dashboard. Give each person their own login; a shared one makes an audit trail useless, and the audit trail is what answers a customer disputing a stamp.

Tell us promptly if you believe an account has been compromised.

4. Your reward is your promise

You set the reward, the number of stamps, and any fair conditions on it. You honour it. Kai records the balance and shows it to the customer; it does not supply the goods.

You must not advertise a reward you do not intend to give, change a card's terms retroactively to somebody's disadvantage, or refuse a reward that our record says was earned unless you have a genuine reason — fraud, for instance — which you can explain.

5. Customer data, and who is responsible for it

You are the controller of your customers' loyalty data. Kai is your processor. The Data Processing Agreement, published alongside these terms, is part of this contract and sets out what we may do with that data, our sub-processors, security, and what happens at the end.

You are responsible for having a lawful basis for what you ask us to do. In practice that means: the consent Kai collects at enrolment is what a broadcast is filtered on, and you may not route around it. There is no override in the product and there will not be one.

Anything you type into a customer's note is data about that person. Keep it to what you need. Do not record health, beliefs, or anything else the GDPR treats as a special category.

6. Messages

Broadcasts reach only the customers who consented to marketing at your venue. Transactional messages reach only those who consented to those. Both counts are shown to you before you send, and the number is not adjustable.

Messages cost money to deliver. Where SMS is billed to you, the price and the count are shown before sending, and both appear on your invoice.

7. What you must not do

Do not issue stamps for visits that did not happen, or to accounts you control, to inflate your own numbers. Do not upload a customer list you have no lawful basis to hold. Do not attempt to reach another merchant's data — the database refuses it, and the attempt is logged. Do not resell access to Kai.

8. Fees

Pilot merchants are not being charged. When charging begins we will tell you the price and the date in advance, and you will be able to leave rather than pay it.

9. Suspension

We may suspend an account without notice where there is fraud, a legal requirement, a security incident, or non-payment after we have asked. We will tell you why, and we will restore access as soon as the reason is gone.

10. Ending it

Either side may end this contract with 30 days' notice, in writing.

When you leave:

• We stop issuing stamps at your venues.
• Your customers' unredeemed stamps remain redeemable for 30 days from the day issuing stops, and customers holding a balance are told. This is a platform rule, not a negotiable one, and it exists so that people who did nothing wrong do not lose a promise you made them.
• You can export your customer data for those 30 days.
• After that we delete or return it, per the Data Processing Agreement.

11. Liability

Kai is provided as it is. We do not warrant that it will be uninterrupted or error-free.

Nothing here excludes liability that cannot lawfully be excluded — including for death or personal injury caused by negligence, or for intentional wrongdoing. Subject to that, our total liability to you in any twelve-month period is limited to the fees you paid us in that period, and where you have paid nothing, to 1000 PLN.

We are not liable for the acts of your customers, for the quality of what you sell, or for your compliance with the law that applies to your own business.

12. Changes

We may change these terms. A material change is published here with a new version date and notified in the dashboard at least 30 days before it takes effect, and you may end the contract instead of accepting it.

13. Law

Polish law applies, and the Polish courts have jurisdiction.