Terms of Service

1.Acceptance of these terms

These Terms of Service ("Terms") govern your use of kayandallc.com and the services of the Kayanda group of companies. By using the site, contacting us, requesting an appointment, or engaging any Kayanda service, you agree to these Terms and our Privacy Policy. If you engage a Kayanda division under a signed written agreement, that agreement controls where it conflicts with these Terms. If you do not agree, please do not use the site or services.

2.Who we are

Kayanda LLC is a Maryland limited liability company, registered since 2018, operating the Kayanda group of companies: Kayanda Capital, Kayanda Property, Kayanda Emergency Housing, Kayanda Private Security, and related programs. Each division may be subject to its own regulatory requirements; where an activity requires licensing, registration, or disclosure, Kayanda operates within those requirements or does not perform the activity.

3.Eligibility & appointments

Our services are offered to adults (18+) and businesses. Kayanda operates by appointment only; a request for an appointment is an inquiry, not a contract, and we may accept or decline engagements at our discretion. Information on this website is an invitation to inquire, not an offer.

4.Our services & important limits

Kayanda Capital — funding-preparation software

Kayanda Capital provides software and workflow services that help businesses organize documents and prepare funding applications.

Kayanda Flow, Cushion, Split & Send — consumer money products

Kayanda Capital also describes planned or in-development consumer products, including an everyday spending account ("Flow"), a no-fee cash buffer ("Cushion"), pay-in-4 checkout financing ("Split"), and peer-to-peer transfer ("Send"). These products, and the "Kayanda Flow Card," involve deposit-taking, money transmission, consumer lending, and/or card-issuing activities that are regulated at the state and federal level.

KAI — Kayanda AI Academy (course & reseller license)

KAI is a beginner-level educational course teaching AI-assisted service skills, sold for a one-time fee, with an optional monthly reseller license ("KAI License") permitting the licensee to market and resell the course under conditions we publish.

Payment, refunds & access. Course fees are due before access. Unless a different written policy is provided at purchase, the course fee is refundable within seven (7) days of purchase if less than 20% of course content has been accessed, and is otherwise non-refundable; license fees are non-refundable but cancelable anytime, effective at the end of the current billing month. Access is personal and non-transferable; sharing or republishing course content outside a valid license is prohibited.

Kayanda Emergency Housing — placement services

Kayanda Private Security — protective services

Engagements begin with confidential consultation. Protective services are delivered only by licensed, insured professionals in accordance with applicable law, including Maryland licensing requirements for security services. No level of protection can guarantee safety, and nothing on this site is a guarantee of outcomes.

Kayanda Property & Careers

Property listings and career opportunities are informational and subject to change, verification, and separate agreements.

5.Accounts & your content

If a service provides accounts, you are responsible for the accuracy of your information and the security of your credentials. Documents and materials you upload ("Your Content") remain yours. You grant Kayanda a limited license to host, process, and use Your Content solely to provide the services you request. You represent that you have the right to share Your Content and that it does not violate law or third-party rights. You are responsible for keeping copies; we are not an archival service.

6.Acceptable use

You agree not to:

• Use the site or services for unlawful purposes, fraud, or misrepresentation (including submitting falsified financial documents);
• Probe, disrupt, or attempt to gain unauthorized access to our systems or data;
• Scrape, harvest, or misuse information about Kayanda, its clients, or personnel;
• Impersonate any person or misstate your affiliation;
• Use our services to endanger, surveil, harass, or locate any person unlawfully (Private Security services are never available for unlawful purposes);
• Reverse engineer, copy, or resell our software or materials except as allowed by law or written agreement.

7.Intellectual property

The site, its design, text, graphics, logos, the Kayanda crest, software, and demos are owned by Kayanda LLC or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive license to view the site for personal or internal business evaluation. Third-party names and marks referenced on the site belong to their owners; references do not imply affiliation or endorsement.

8.Fees & payment

Fees for services are set out in written proposals, subscriptions, or agreements before you owe anything. Unless stated otherwise in writing: fees are in U.S. dollars; invoices are due as stated on the invoice; and late amounts may accrue interest at the lesser of 1.5% per month or the maximum lawful rate. Taxes are your responsibility unless we say otherwise in writing.

9.Confidentiality

Where an engagement involves confidential information — including all Private Security consultations — the parties will protect it with at least reasonable care and use it only for the engagement. Kayanda's practice is NDA-first for sensitive matters: we sign yours or provide ours. Confidentiality obligations survive the end of an engagement. Nothing in this section prevents disclosures required by law, provided notice is given where lawful.

10.Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAYANDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY BUSINESS WILL OBTAIN FUNDING; THAT ANY PLACEMENT WILL OCCUR; THAT ANY CONSUMER PRODUCT (INCLUDING FLOW, CUSHION, SPLIT, SEND, OR THE FLOW CARD) WILL LAUNCH, BE AVAILABLE IN YOUR STATE, OR BE OFFERED ON THE TERMS DESCRIBED; OR THAT ANY OUTCOME WILL BE ACHIEVED. DEMONSTRATIONS, DASHBOARDS, CALCULATORS, AND FIGURES ON THE SITE — INCLUDING ANY "MONEY AGENT," "MONEY FILE," OR "REVENUE FILE" OUTPUT — ARE ESTIMATES OR SIMULATIONS WITH SAMPLE DATA, ARE NOT A CREDIT DECISION, LOAN OFFER, OR ACCOUNT OPENING, AND ARE NOT GUARANTEED TO BE ACCURATE, UNLESS EXPRESSLY STATED OTHERWISE IN A SIGNED AGREEMENT.

11.Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) KAYANDA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND (b) KAYANDA'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE GREATER OF (i) AMOUNTS YOU PAID KAYANDA FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (ii) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

12.Indemnification

You will defend and indemnify Kayanda LLC and its members, managers, employees, and agents against third-party claims and expenses (including reasonable attorneys' fees) arising from Your Content, your breach of these Terms, or your unlawful use of the site or services.

13.Governing law & disputes

These Terms are governed by the laws of the State of Maryland, without regard to conflict-of-laws rules. Before filing any claim, the parties will attempt in good faith to resolve any dispute through direct discussion for thirty (30) days after written notice.

14.Arbitration & class action waiver

Except for claims that qualify for small-claims court, or claims for injunctive relief to protect intellectual property or confidential information, you and Kayanda agree that any dispute arising out of or relating to these Terms, the site, or any Kayanda service will be resolved by binding individual arbitration rather than in court, administered by a recognized arbitration provider (such as the American Arbitration Association) under its consumer or commercial rules then in effect, seated in Montgomery County, Maryland, with judgment on the award enforceable in any court of competent jurisdiction.

Opt-out. You may opt out of this arbitration agreement by emailing kayandallc@gmail.com with your name and a statement that you opt out, within thirty (30) days of first accepting these Terms. Opting out does not affect any other part of these Terms. EACH PARTY WAIVES TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW.

15.Termination

We may suspend or terminate access to the site or decline/terminate services for breach of these Terms, unlawful conduct, or risk to Kayanda, its clients, or others. You may stop using the site at any time. Sections that by their nature should survive (including 5, 7, 9–14, and 16) survive termination.

16.General provisions

• Entire agreement. These Terms and the Privacy Policy are the entire agreement regarding the site, and supersede prior communications on that subject; signed engagement agreements control their own subject matter.
• Changes. We may update these Terms; the effective date above reflects the latest version. Material changes will be posted here. Continued use after changes means acceptance.
• Severability. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect.
• No waiver. A failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our written consent; we may assign to an affiliate or successor.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Notices. Legal notices to Kayanda must be sent to the address below with a copy to kayandallc@gmail.com.

17.Contact