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KAYDYNCE TERMS OF USE POLICY

Effective Date: September 22, 2026
Last Updated: September 22, 2026

1. ACCEPTANCE OF TERMS

These Terms of Use govern your access to and use of the KAYDYNCE website, KAYDYNCE Construction Management System, related applications, tools, content, resources, communications and services collectively referred to as the "Services."

By accessing, creating an account for, subscribing to, or using the Services, you agree to these Terms of Use and our Privacy Policy.

If you do not agree to these Terms, you should not use the Services.

2. ABOUT KAYDYNCE

KAYDYNCE is a construction management system designed to help Homeowners organize and manage their own remodeling, renovation and construction projects.

KAYDYNCE provides software, organizational tools, educational resources, project management functionality and communication tools.

KAYDYNCE does not act as your general contractor, builder, construction manager, architect, engineer, attorney, accountant, lender, insurance adviser, real estate professional or other licensed professional.

You remain responsible for your project and for the decisions you make in connection with it.

3. NO PROFESSIONAL OR CONSTRUCTION ADVICE

Information, templates, schedules, checklists, forms, budgets, educational materials and other resources available through KAYDYNCE are provided for general informational and organizational purposes.

They are not a substitute for professional advice specific to your project or circumstances.

Construction requirements vary based on project type, property, location, building codes, regulations, contracts and other circumstances.

You are responsible for determining which laws, codes, permits, inspections, licenses, insurance requirements and professional services apply to your project.

When appropriate, you should consult qualified contractors, architects, engineers, attorneys, accountants, insurance professionals, building officials or other appropriate professionals.

4. YOUR PROJECT RESPONSIBILITY

You control and manage your project.

You are responsible for:

  • Selecting and hiring Vendors, Trades, Suppliers and professionals
  • Evaluating qualifications, licenses, insurance and references
  • Negotiating and entering into contracts
  • Obtaining required permits and approvals
  • Complying with applicable laws, codes and regulations
  • Making project decisions
  • Managing schedules and project sequencing
  • Reviewing work and determining whether it is acceptable
  • Approving payments
  • Managing your project budget
  • Maintaining appropriate insurance
  • Protecting your property and the people working on or visiting your project
  • Determining when professional advice or assistance is necessary

KAYDYNCE provides a system to help you manage these activities. KAYDYNCE does not perform these responsibilities for you.

5. VENDORS, TRADES AND OTHER THIRD PARTIES

KAYDYNCE may allow you to enter, store, organize and communicate information concerning Vendors, Trades, Suppliers and other project participants.

KAYDYNCE does not employ, supervise, endorse, guarantee or control these third parties unless expressly stated otherwise.

You are solely responsible for selecting and working with the people and companies involved in your project.

KAYDYNCE is not responsible for the quality, safety, legality, timeliness, pricing, performance, nonperformance, acts or omissions of any Vendor, Trade, Supplier or other third party.

Any agreement between you and a third party is between you and that third party.

6. ACCOUNT REGISTRATION AND SECURITY

Certain Services require a KAYDYNCE account.

You agree to provide accurate and current information when creating and maintaining your account.

You are responsible for safeguarding your login credentials and for activity occurring through your account.

You may not share credentials in a manner that permits unauthorized access to the Services.

You agree to notify KAYDYNCE promptly if you believe your account or credentials have been compromised or used without authorization.

7. SUBSCRIPTIONS AND BILLING

Certain KAYDYNCE Services are provided through a paid subscription.

By purchasing a subscription, you authorize KAYDYNCE and its payment providers to charge the applicable subscription fees and any applicable taxes using your selected payment method.

Unless otherwise disclosed when you subscribe, subscriptions renew automatically at the applicable recurring subscription rate until canceled.

You are responsible for maintaining valid payment information.

KAYDYNCE may change pricing or subscription terms prospectively. When required, we will provide notice before changes become effective.

8. CANCELLATION

You may cancel your KAYDYNCE subscription in accordance with the cancellation process available through your account or otherwise provided by KAYDYNCE.

Unless otherwise required by law or expressly stated by KAYDYNCE, cancellation stops future recurring charges but does not retroactively refund subscription fees already paid.

Access to paid Services may continue through the end of the applicable paid subscription period.

9. PROJECT COMPLETION, ARCHIVING AND DATA ACCESS

KAYDYNCE may provide functionality allowing completed or inactive projects to be archived.

Archived projects may have different access, editing, storage or reactivation terms than active projects.

KAYDYNCE may establish reasonable retention periods, archive periods, storage limitations or reactivation requirements for inactive projects.

Any applicable archive or reactivation terms will be communicated through the Services or applicable subscription information.

You are responsible for maintaining copies of project records that you are legally or contractually required to retain.

10. USER CONTENT AND PROJECT INFORMATION

You may upload, enter, create, transmit or store information through KAYDYNCE, including project information, documents, photographs, communications, Vendor information and other materials collectively referred to as "User Content."

You retain ownership of your User Content.

You grant KAYDYNCE a limited right to host, store, process, reproduce and transmit User Content as reasonably necessary to provide, maintain, secure and improve the Services.

You represent that you have the necessary rights and permissions to provide User Content to KAYDYNCE.

You are responsible for the accuracy, legality and appropriateness of your User Content.

11. ACCEPTABLE USE

You may not use KAYDYNCE to:

  • Violate applicable laws or regulations
  • Infringe intellectual property or other rights
  • Upload malicious software or harmful code
  • Attempt unauthorized access to accounts, systems or data
  • Interfere with the security or operation of the Services
  • Impersonate another person or organization
  • Submit false, fraudulent or misleading information
  • Harass, threaten or abuse others
  • Use the Services for unlawful, fraudulent or deceptive purposes
  • Reverse engineer, copy or attempt to reproduce proprietary portions of the KAYDYNCE software except where such restriction is prohibited by law
  • Use automated systems to access or extract information from KAYDYNCE in a manner that materially burdens or disrupts the Services

KAYDYNCE may suspend or terminate access for violations of these Terms.

12. INTELLECTUAL PROPERTY

The KAYDYNCE software, website, branding, designs, interfaces, processes, templates, educational resources, written materials, graphics and other KAYDYNCE-provided content are owned by KAYDYNCE or its licensors and are protected by applicable intellectual property laws.

Your subscription provides a limited, nonexclusive, nontransferable right to use the Services for their intended purpose during the applicable period of access.

Except as expressly permitted, you may not reproduce, distribute, sell, sublicense or commercially exploit KAYDYNCE proprietary materials without written permission.

13. COMMUNICATIONS

By providing contact information to KAYDYNCE, you authorize us to communicate with you as necessary to operate your account and provide the Services.

Communications may include account notices, security information, billing information, project-related notifications, customer support communications and other service-related messages.

Optional communications are subject to any consent or opt-out rights provided by applicable law.

14. SMS TEXT MESSAGING

If you separately consent to receive SMS text messages from KAYDYNCE, you may receive account, project, service, notification, support or other messages consistent with the consent you provided.

Message frequency varies.

Message and data rates may apply.

Reply HELP for help.

Reply STOP to unsubscribe.

Your consent to receive SMS messages is subject to our SMS Terms & Conditions and Privacy Policy.

Consent to receive SMS messages will be obtained separately and will not be inferred solely from your acceptance of these Terms of Use.

15. PRIVACY

Your use of KAYDYNCE is also subject to our Privacy Policy.

The Privacy Policy explains how we collect, use, protect and disclose information associated with the Services.

16. THIRD-PARTY SERVICES

KAYDYNCE may integrate with or provide access to third-party products, services, websites or platforms.

Third-party services are governed by their own terms and privacy practices.

KAYDYNCE does not control and is not responsible for third-party services, their availability, their content or their practices.

17. SERVICE AVAILABILITY AND CHANGES

We work to provide reliable Services, but we do not guarantee that KAYDYNCE will always be available, uninterrupted or error-free.

Services may occasionally be unavailable because of maintenance, updates, technical issues, third-party service interruptions, security concerns or circumstances outside our reasonable control.

KAYDYNCE may modify, update or discontinue features as the Services evolve.

18. NO GUARANTEE OF PROJECT RESULTS

Construction and remodeling projects involve circumstances outside KAYDYNCE's control.

KAYDYNCE does not guarantee:

  • Project savings
  • Project cost
  • Project completion dates
  • Vendor performance
  • Construction quality
  • Permit approval
  • Inspection results
  • Code compliance
  • Availability of labor or materials
  • Project profitability or property value
  • Any particular project outcome

Results depend on your decisions, project circumstances, Vendors, market conditions and many other factors outside KAYDYNCE's control.

19. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

KAYDYNCE DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LEGALLY BE DISCLAIMED.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAYDYNCE AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, DAMAGES ASSOCIATED WITH PROJECT DELAYS, COST OVERRUNS, LOST PROFITS, LOST DATA, PROPERTY DAMAGE, THIRD-PARTY PERFORMANCE OR BUSINESS INTERRUPTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAYDYNCE'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO KAYDYNCE FOR THE SERVICES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

21. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless KAYDYNCE and its owners, officers, employees, contractors and affiliates from claims, liabilities, damages, losses and reasonable expenses arising from:

  • Your misuse of the Services
  • Your violation of these Terms
  • Your User Content
  • Your violation of another person's rights
  • Your construction or remodeling project
  • Your agreements or disputes with Vendors, Trades, Suppliers or other third parties

This provision does not require indemnification to the extent prohibited by applicable law.

22. SUSPENSION AND TERMINATION

KAYDYNCE may suspend or terminate access to the Services when reasonably necessary because of:

  • Nonpayment
  • Violation of these Terms
  • Fraudulent or unlawful activity
  • Security risks
  • Abuse of the Services
  • Conduct that threatens KAYDYNCE, its users or third parties

You may stop using the Services at any time, subject to applicable subscription and cancellation terms.

23. GOVERNING LAW

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any dispute concerning these Terms or the Services will be subject to applicable federal and Tennessee law.

24. CHANGES TO THESE TERMS

KAYDYNCE may update these Terms periodically as our Services, business practices or legal requirements change.

When we make material changes, we will update the "Last Updated" date and provide additional notice when required by applicable law.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

25. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

26. ENTIRE AGREEMENT

These Terms of Use, together with the Privacy Policy, SMS Terms & Conditions and any applicable subscription or service-specific terms, constitute the agreement between you and KAYDYNCE concerning your use of the Services.

27. CONTACT US

Questions regarding these Terms of Use may be directed to KAYDYNCE using the contact information provided on our website.

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CONTACT US

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