Terms of Service

These terms are the agreement between Kimchi BV (“Kimchi”, “we”, “us”) and the business using the Kimchi platform (“you”, the “customer”). They govern the Kimchi web app (app.usekimchi.com), the Kimchi mobile app, and this website.

The short version

• Kimchi is sold to businesses. A hospitality business signs up, creates a workspace and invites its team. If you use Kimchi as an employee, your employer's agreement with us is what puts these terms between you and the app.
• Your content stays yours. SOPs, trainings, checklists, messages — we host and process them to run the service, nothing more.
• AI output is a draft. It can be wrong. A person checks it before it becomes the standard — especially anything touching food safety.
• Belgian law applies, and how we handle personal data is in our privacy policy and the data processing agreement we sign with each customer.

1. Who we are

The Kimchi platform is provided by:

Kimchi BV in oprichting (a Belgian company under formation)
Belgium
Email: yassine@kitchr.ai

Commitments entered into in Kimchi's name before the incorporation completes are taken over by Kimchi BV once it is incorporated, as Belgian company law provides.

2. What these terms cover

The service. Kimchi is a training, knowledge and team-communication platform for hospitality teams: SOPs and knowledge management, AI-assisted training creation, onboarding, checklists, projects, team communication, and integrations with third-party tools. Which modules and limits apply to you is set by the plan or order you agreed with us; if a signed order or master agreement between us says something different from these terms, the signed document wins.

Businesses only. Kimchi is offered to companies and other professional users for the purposes of their trade or profession, not to consumers. By creating a workspace you confirm you are acting for a business, and that the person accepting these terms is entitled to bind it.

Your team. Everyone you invite into your workspace uses Kimchi under your agreement with us. You are responsible for who you invite, for the permissions you give them, and for making sure their use follows these terms. Where your team members have rights of their own — over their personal data, for example — those rights are described in the privacy policy and are not reduced by this section.

This website. You may browse it and book a demo. Its content is provided for information; it is not an offer, and product descriptions may change as the product does.

3. Accounts and workspaces

• Account information must be accurate, and credentials are personal: one login per person, no shared accounts.
• Keep passwords confidential. Tell us at once if you suspect an account has been compromised, and we will help secure it.
• Your workspace admins control the workspace: they invite and remove members, assign roles, and decide what data goes in. Instructions from a workspace admin count as instructions from you.

4. Acceptable use

Use Kimchi for running your operation, and don't:

• break the law, or infringe anyone's rights (including privacy and IP rights);
• upload malicious code, probe or overload the service, or try to get around access controls, organisation boundaries or usage limits;
• harass or harm others, or use the communication features to send spam or unlawful content;
• resell, sublicense or provide the service to third parties outside your own organisation, or build a competing product on top of it;
• scrape the service or use it to train machine-learning models without our written consent.

We may suspend an account or workspace that seriously or repeatedly breaks this section, after warning you where that is reasonable. We restore access as soon as the problem is resolved.

5. Your content

Everything you or your team put into Kimchi — SOPs, trainings, recipes, checklists, photos, messages, files — is your content. You keep every right you have in it. You give us the licence we need to host, store, process, transmit and display it, only as far as needed to provide the service, and it ends when the content is deleted.

You are responsible for your content: for having the right to upload it, and for what it contains. We don't review it, but we may remove content we are legally required to remove, telling you when we do.

You can export your content while your subscription runs. After the agreement ends we delete the workspace as described in the privacy policy (within 90 days, sooner on request).

6. AI features

Kimchi's AI features generate drafts: trainings from your documents, summaries, suggested SOP updates, checklist-photo evaluations, answers from the assistant. Two things follow from the word “draft”:

• Output is not advice. AI output can be inaccurate, incomplete or outdated, and Kimchi is not a source of legal, food-safety or medical advice. You review AI output before relying on it, and compliance with the rules that apply to your business — HACCP and hygiene rules above all — stays your responsibility.
• Output from your content is yours. As between you and us, you own the AI output generated from your workspace's content, with the same licence to us as the rest of your content.

What is sent to which AI provider, and on what terms, is set out in the privacy policy. Our AI providers may not use your content to train their models.

7. Third-party services and integrations

You can connect third-party services to your workspace — a staff planner, Google Drive, online-review sources. Each connection is optional and yours to make: you confirm you are entitled to connect the account, and the third party's own terms govern its service. We are not responsible for third-party services, and an integration may stop working if the third party changes or withdraws what it exposes to us; if that happens we will make reasonable efforts to adapt, but an integration is not a guaranteed feature.

8. Our intellectual property

The service itself — the software, the design, the Kimchi name and mark, and content we authored — belongs to Kimchi BV or its licensors. Your subscription gives you a non-exclusive, non-transferable right to use the service while the agreement runs, and nothing more: no rights in the software or the brand pass to you. Feedback you give us about the product may be used freely to improve it.

9. Fees and payment

• Fees, billing period and payment terms are set in your order or plan. Prices are exclusive of VAT unless stated otherwise.
• Invoices are due within the term stated on them. Amounts unpaid at the due date accrue interest and collection costs as provided by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, without prior notice of default.
• If an invoice remains unpaid well past its due date, we may suspend the workspace after a written reminder, and reinstate it when the balance is settled. Suspension does not release you from paying for the agreed term.
• If we give you free or trial access, it is provided as-is, may be limited or ended at any time, and no clause in these terms obliges us to keep a free service running.

10. Data protection

For the personal data in your workspace, you are the controller and we are your processor. We process it only on your instructions, under the data processing agreement concluded with you, and as described in the privacy policy — which describes the categories of service providers we use and where data is stored; the full sub-processor list comes with the data processing agreement. Both of us comply with the GDPR in our respective roles.

11. Confidentiality

Neither of us discloses the other's confidential information — your content and business information on our side, non-public product and pricing information on yours — except to people who need it and are bound to keep it confidential, or where the law requires disclosure. This survives the end of the agreement.

12. Availability, support and changes to the service

We run Kimchi with care and aim to keep it available around the clock, but we do not promise uninterrupted or error-free operation: maintenance, urgent security work and failures outside our control (hosting, networks, third-party providers) can interrupt it. We schedule maintenance outside busy hours where we can, and we tell you about significant planned downtime in advance.

Kimchi is a product under active development. We add, change and occasionally retire features; if we retire something material to how you use Kimchi, we tell you in advance and help you adapt. Support is provided by email and in-app during Belgian business hours unless your order says otherwise.

13. Warranties and disclaimers

We warrant that we provide the service with reasonable skill and care. Beyond that, the service is provided as available: we do not warrant that it fits a particular purpose, that AI output is accurate, or that the service is free of minor defects — no software is. Statutory warranties that cannot be excluded between businesses under Belgian law remain untouched.

14. Liability

Nothing in these terms excludes or limits liability for fraud or intentional fault, or any other liability that cannot be excluded under Belgian law. For the rest, and for both of us:

• neither party is liable for indirect or consequential damage — lost profits, lost revenue, lost data (beyond what our backups restore), or reputational harm;
• each party's total liability under this agreement is capped, per contract year, at the fees you paid us for the twelve months before the event giving rise to the claim;
• we are not liable for damage caused by your content, by your use of the service in breach of these terms, by decisions taken on unreviewed AI output, or by third-party services you connected.

The cap does not apply to your payment obligations, or to either party's breach of the confidentiality or data protection sections.

15. Term, suspension and ending the agreement

• The agreement runs for the term in your order and renews as your order provides.
• Either party may terminate for cause if the other seriously breaches the agreement and does not cure the breach within 30 days of written notice — or immediately where the breach cannot be cured.
• We may terminate or suspend immediately if required by law, or if your use puts the service or other customers at risk; we lift a suspension as soon as the risk is gone.
• On termination, export your content before the workspace is deleted (see your content). Sections that by their nature survive — confidentiality, liability, payment for the elapsed term — survive.

16. Changes to these terms

We may update these terms as the product and the law evolve. We will post the new version here with a new effective date, and for material changes we will notify your workspace admins in the app or by email at least 30 days before they take effect. If a material change is to your disadvantage, you may terminate the agreement as of the date the change takes effect by writing to us before then; continuing to use Kimchi after that date is acceptance.

17. General

• Assignment. Neither party assigns the agreement without the other's consent, except to a successor in a merger, acquisition or sale of the business, with notice.
• Severability. If a clause is held invalid, it is replaced by the valid clause closest to its intent, and the rest stands.
• Entire agreement. These terms, your order, the data processing agreement and the privacy policy are the whole agreement about the service, and replace prior discussions. Your own purchase conditions do not apply, even if we did not object to them separately.
• Notices. Legal notices go by email to yassine@kitchr.ai on our side, and to your workspace's admin email addresses on yours.
• Force majeure. Neither party is liable for failure caused by events beyond its reasonable control, as long as the event lasts.

18. Governing law and courts

This agreement is governed by Belgian law. Any dispute that we cannot settle together is brought before the courts of the judicial district of Kimchi BV's registered office in Belgium.

19. Contact

Questions about these terms: yassine@kitchr.ai, or by post to Kimchi BV, Belgium.