Terms of Service

1. About these terms

These terms are an agreement between [Kalplex legal entity], a company registered under number [company number] with its registered office at [registered address] ("Kalplex", "we", "us") and the business that creates a Kalplex account ("you"). By creating an account or using Kalplex you accept them on behalf of that business, and you confirm you are authorised to do so.

Kalplex is offered to businesses only. It is not intended for consumers acting outside their trade or profession.

These terms include our Acceptable Use Policy and Data Processing Addendum. Our Privacy Policy explains how we handle personal data about you.

2. What Kalplex does — and what it does not

Kalplex is software. It lets you record your customers, send them a link to set up a SEPA Core Direct Debit mandate, schedule one-off and recurring collections, and follow the status of mandates and payments.

Kalplex is not a bank, payment institution or e-money institution. We never receive, hold or transmit your funds or your customers' funds, and we do not collect or store your customers' bank account details.

Payments are processed by GoCardless through the GoCardless account you connect. GoCardless collects the money from your customers' banks and pays it out to you under its own terms.

3. Your GoCardless account

To collect payments you need your own GoCardless account. Your use of GoCardless is governed by your agreement with GoCardless, including its merchant terms, which cover payment processing, payouts, fees, refunds and chargebacks, account verification and any holds or limits GoCardless applies.

When you add a GoCardless access token in Kalplex, you authorise us to use it to call the GoCardless API on your behalf to create customers, mandate setup flows, payments and subscriptions, and to read their status. We keep the token on our servers and never show it in the browser after you save it.

You can revoke the token at any time from your GoCardless dashboard. Kalplex will then stop being able to act on your GoCardless account.

Decisions made by GoCardless, banks or payment schemes — for example rejecting a mandate, failing a payment or delaying a payout — are outside our control, and we are not responsible for them.

4. Your account

Give us accurate information and keep it up to date. Keep your sign-in details secure and do not share them. You are responsible for everything done through your account.

Tell us straight away at support@kalplex.com if you think someone has accessed your account without permission.

5. Your responsibilities when collecting Direct Debits

You are the creditor for every payment you collect. In particular you must:

• only collect from customers who have a genuine agreement with you and who have authorised a mandate;
• give each customer advance notice of the amount and date of every collection, at least 14 calendar days before it unless you have agreed a shorter period with them, as the SEPA rules require;
• collect only the amounts and on the dates you notified;
• respect your customers' rights to refunds and to cancel their mandate, and deal with their questions and complaints promptly;
• meet your own obligations under data protection law as the controller of your customers' personal data; and
• follow our Acceptable Use Policy, your GoCardless agreement and all laws that apply to you.

6. Fees

Our subscription fees are those shown on our pricing page or agreed with you in writing, and are payable in advance. Fees exclude taxes, which you pay in addition where they apply.

GoCardless charges its own transaction fees under your agreement with it. They are separate from Kalplex fees.

We will give you at least 30 days' notice before changing our fees. If you do not accept a change, you can close your account before it takes effect.

7. Data protection

When you use Kalplex to manage your customers, you are the controller of their personal data and we process it on your behalf under our Data Processing Addendum, which forms part of these terms.

We are the controller of personal data about you and your users, as described in our Privacy Policy.

8. Availability and changes to the service

We work to keep Kalplex available and secure, but we do not promise it will be uninterrupted or error-free. It depends on third parties such as GoCardless and our hosting providers, and we may need to carry out maintenance.

We may improve or change features. If a change materially reduces what you have paid for, we will tell you in advance and you may close your account.

9. Intellectual property

We own Kalplex and everything we provide through it. We give you a non-exclusive, non-transferable right to use it for your business during your subscription.

You own your data. You give us permission to use it only as needed to provide, secure and support the service. If you send us feedback, we may use it without any obligation to you.

10. Confidentiality

Each of us will keep the other's non-public business information confidential and use it only for the purposes of this agreement, except where disclosure is required by law.

11. Suspension and termination

You can stop using Kalplex and close your account at any time.

We may suspend or close your account if you seriously or repeatedly breach these terms, if your use creates a risk for your customers, us or others, if fees are unpaid, or if the law requires it. Where we reasonably can, we will tell you first and give you a chance to put things right.

After closure you will have 30 days to export your data, after which we will delete it unless the law requires us to keep it. Mandates and payments live in your GoCardless account and are not cancelled by closing Kalplex — manage them directly in GoCardless.

12. Liability

Nothing in these terms limits liability that cannot be limited by law, such as liability for fraud or for death or personal injury caused by negligence.

Otherwise, neither of us is liable for indirect or consequential loss, or for loss of profit, revenue or goodwill, and each party's total liability under these terms in any 12-month period is limited to the fees you paid to Kalplex in that period.

We are not liable for losses caused by GoCardless, banks or payment schemes, or by refunds, chargebacks or failed payments arising from your collections.

You will compensate us for losses we suffer because of claims brought by your customers or others arising from your collections or your breach of these terms or the law.

13. Changes to these terms

We may update these terms. We will give you at least 30 days' notice of material changes by email or in the app. If you continue to use Kalplex after a change takes effect, the updated terms apply.

14. Governing law and contact

These terms are governed by the law of [governing law], and the courts of [governing law] have jurisdiction over any dispute, unless the law that applies to you says otherwise.

Questions about these terms: support@kalplex.com.