Terms of Service

Effective Date: March 26, 2026

Welcome to Kontrak. These Terms of Service ("Terms") govern your access to and use of the Kontrak platform, website, and services (collectively, the "Service") operated by Kontrak APP LLC ("Kontrak," "we," "us," or "our"). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms of Service. If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Kontrak is a software-as-a-service (SaaS) platform designed for construction contractors and businesses. The Service provides tools to manage:

• Estimates and proposals
• Contracts and e-signatures
• Invoicing and payment collection
• Payroll management
• Tax planning and estimation
• Financial tracking and envelope budgeting
• Customer portal and communications
• Bank account connections and transaction tracking

The specific features available to you depend on your subscription plan.

3. Account Registration

To use the Service, you must create an account. When registering, you agree to:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You may not share your account credentials with any other person. We reserve the right to suspend or terminate accounts that we reasonably believe are being shared or used in violation of these Terms.

4. Subscription & Billing

Kontrak offers the following subscription plans:

• Starter: $49/month (or $39/month billed annually)
• Pro: $99/month (or $79/month billed annually)
• Team: $199/month (or $159/month billed annually)

Free Trial

All plans include a 14-day free trial. No credit card is required to start a trial. At the end of the trial period, you must select a paid plan to continue using the Service.

Auto-Renewal

Subscriptions automatically renew at the end of each billing cycle (monthly or annually) unless you cancel before the renewal date. You authorize us to charge your payment method on file for the applicable subscription fee at each renewal.

Payment Processing

All payments are processed securely through Stripe (stripe.com). By providing your payment information, you agree to Stripe's Terms of Service. Kontrak does not directly store your credit card or bank account numbers.

Price Changes

We may modify our pricing at any time. Price changes will not affect your current billing cycle. We will provide at least 30 days' notice before any price increase takes effect on your subscription.

5. Cancellation & Refunds

You may cancel your subscription at any time through your account settings. Upon cancellation:

• Your access to paid features will continue through the end of your current billing period
• Your account and data will remain accessible in a read-only state until you request deletion
• No refunds are provided for partial billing periods or unused time
• Annual subscriptions will not be renewed at the end of the annual period, but no partial refund is issued for the remaining months

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any applicable federal, state, local, or international law or regulation
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Copy, modify, or create derivative works based on the Service
• Share, transfer, or sublicense your account or access credentials to any third party
• Attempt to gain unauthorized access to the Service, other accounts, or systems connected to the Service
• Use the Service to transmit viruses, malware, or any other harmful code
• Interfere with or disrupt the integrity or performance of the Service
• Scrape, harvest, or collect data from the Service through automated means without our written consent
• Use the Service to send spam or unsolicited communications

7. User Data & Content

Your Data, Your Ownership. You retain all rights and ownership of the data, content, and information you submit to the Service ("User Content"), including but not limited to business information, customer data, estimates, invoices, contracts, payroll records, and financial data.

License to Process. By submitting User Content to the Service, you grant Kontrak a limited, non-exclusive, worldwide license to use, process, store, and display your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your User Content or close your account.

Accuracy. You are solely responsible for the accuracy, quality, and legality of your User Content. Kontrak does not verify the correctness of estimates, invoices, tax calculations, or other business documents you create using the Service.

Data Export. You may export your data at any time while your subscription is active, subject to the features available on your plan.

8. Intellectual Property

The Service, including all software, user interfaces, designs, graphics, trademarks, logos, and content created by Kontrak (excluding User Content) are the exclusive property of Kontrak APP LLC and are protected by copyright, trademark, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the term of your subscription. This license does not include the right to:

• Modify, reproduce, or distribute the Service or any part thereof
• Use Kontrak's name, logo, or trademarks without our prior written consent
• Create derivative works based on the Service

9. Third-Party Integrations

The Service integrates with and relies on certain third-party services to provide functionality. These include:

• Stripe — Payment processing for subscription billing and customer invoice payments. Governed by Stripe's Terms of Service.
• Plaid — Bank account connection for financial tracking (optional). Governed by Plaid's Terms of Service.
• SendGrid — Email delivery for sending estimates, invoices, and notifications. Governed by SendGrid's terms of use.

Your use of these third-party services is subject to their respective terms and privacy policies. Kontrak is not responsible for the actions, availability, or policies of third-party service providers.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Kontrak disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be uninterrupted, error-free, or secure
• Any warranty regarding the accuracy or reliability of any information obtained through the Service

Kontrak does not warrant that the Service will meet your specific requirements or that any errors in the Service will be corrected. You use the Service at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KONTRAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of the Service, whether based on warranty, contract, tort, or any other legal theory.

Our total liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the total amount you paid to Kontrak during the twelve (12) months immediately preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kontrak, Kontrak APP LLC, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your User Content
• Any dispute between you and a third party (including your customers or employees)

13. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe that:

• You have violated these Terms of Service
• Your use of the Service poses a security risk or may cause harm to other users
• Your account has been inactive for an extended period
• We are required to do so by law

Upon termination, your right to use the Service ceases immediately. We may, at our discretion, provide you with a reasonable period to export your data. Sections of these Terms that by their nature should survive termination will remain in effect, including but not limited to Sections 7, 8, 10, 11, 12, and 14.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of New Mexico.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through one or more of the following methods:

• Posting the updated Terms on our website with a revised effective date
• Sending an email notification to the address associated with your account
• Displaying a prominent notice within the Service

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Service.

16. Contact

If you have any questions about these Terms of Service, please contact us at:

Kontrak APP LLC
Email: support@kontrakapp.com
Website: kontrakapp.com

By using Kontrak, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.