Terms of Service

1. Provider and contact

The service Kaen (the “Service”) is operated and provided by Loops Collective s.r.o., Company ID 29932386, with its registered office at Příčná 1892/4, Nové Město, 110 00 Prague 1, Czech Republic, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 454220 (the “Provider”).

Contact e-mail for all communication, including legal notices: hello@kaen.cz.

The “Customer” is the business that orders the Service. The contract is concluded when the Customer confirms an order (by signing an offer, confirming it by e-mail, or completing a payment), which includes agreement to these terms.

2. What the Service is

The Service is delivered in three parts, which may be ordered separately:

• Start — a one-off engagement: business context, a tracking audit against live traffic, journey mapping, a drop-off analysis and a growth model, delivered as a report and a walkthrough.
• Growth — a monthly subscription: Kaen keeps watch over the Customer’s funnel, checks the data, flags what breaks, and writes up findings as cases. A case names the leak and states what it is worth; how to solve it is unlocked when the case is bought.
• Cases and experiments — bought individually. A bought case includes the cause and a brief for implementation; an experiment is an add-on in which Kaen designs the A/B test, the metric and the measurement plan, and evaluates the result.

The scope of each part follows the order or the offer accepted by the Customer. The Provider may develop and change how the Service works; a material reduction of a feature the Customer pays for is treated as a change of terms under clause 10.

Kaen proposes, the Customer decides. The Provider does not deploy changes to the Customer’s website or product. Implementation is done by the Customer or by a party the Customer instructs, on the Customer’s responsibility.

3. Business customers only

The Service is provided to businesses only. By ordering, the Customer confirms that it enters into the contract in the course of its business (and will state its company registration number on request). Provisions on consumer contracts do not apply.

The parties agree, as the law allows, that Sections 1799 and 1800 of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”), on clauses in adhesion contracts, do not apply to the contract.

4. Access, accounts and connected tools

To deliver the Service, the Customer grants the Provider access to the data sources the Customer chooses — typically analytics and product tools such as GA4, Google Tag Manager, PostHog, Clarity, Hotjar, BigQuery or a payment provider — through the Customer’s own accounts, and to a shared channel for communication (for example Slack, Basecamp or e-mail).

The Customer undertakes to:

• grant only the access needed for the agreed scope, and read-only access where that is enough;
• have the right to grant that access, including where the accounts belong to the Customer’s own client;
• keep its access credentials confidential and tell the Provider without delay if they are compromised;
• not use the Service to process data it is not entitled to process.

The Provider installs nothing on the Customer’s website unless expressly agreed. Where access is granted through an agency’s manager account, the Customer is responsible for having its client’s agreement.

5. Prices and payment

Prices follow the offer accepted by the Customer or the price list published at kaen.cz/pricing. The Provider is not a VAT payer; prices are stated without VAT and no VAT is added.

Start and individual cases are payable one-off. Growth is billed monthly in advance. Payments are made by bank transfer against an invoice, or by card through the Stripe payment gateway. Invoices are payable within 14 days of issue unless agreed otherwise.

If the Customer is late with payment, the Provider is entitled to statutory default interest and may suspend the Service after giving notice by e-mail and a grace period of at least 7 days.

6. Term, renewal and termination

Start and individual cases are one-off engagements and end with delivery. Growth runs for an indefinite term and renews monthly.

Either party may terminate Growth with effect at the end of the current billing month, by e-mail, with no notice period and no termination fee. Fees paid for the current month are not refunded on a pro-rata basis.

Where the price list offers a credit on the Start fee for staying on Growth for a minimum number of months, the credit is conditional on that period. If the Customer terminates Growth earlier, the credit is not granted, or the Provider may invoice the credited amount back. The current condition is stated in the offer and at kaen.cz/pricing.

Either party may withdraw from the contract with immediate effect if the other party materially breaches it and fails to remedy the breach within 14 days of a written notice. The Provider may also suspend or terminate the Service if the Customer uses it unlawfully or in a way that endangers the Provider’s systems or third parties.

7. Outputs, data and intellectual property

The Customer’s data stays the Customer’s. The Provider claims no ownership of the data it is given access to, nor of the Customer’s website or product.

Reports, cases, experiment designs and briefs delivered under the contract (the “Outputs”) may be used by the Customer without limitation for its own business, including implementation by third parties. Outputs relating to a paid case may be shared with the Customer’s own client where the Service is resold.

8. Confidentiality

Both parties keep confidential any information marked as confidential or which is clearly confidential by its nature, including data, figures and commercial terms, and will not disclose it to third parties except to their staff and subcontractors bound by a comparable duty. This obligation survives the end of the contract by three years. It does not apply to information that is public, was already known, or must be disclosed by law.

9. Warranties and liability

The Service is an expert opinion based on the data available. The Provider does not guarantee a specific business result — such as a higher conversion rate or revenue — because the outcome depends on factors outside the Provider’s control, including implementation, traffic, the market and the quality of the Customer’s tracking.

The Provider is responsible for delivering the agreed scope with professional care. If an Output is defective, the Customer may ask for it to be corrected within a reasonable period; the Customer must report the defect within 30 days of delivery.

The Provider is not liable for the availability or behaviour of third-party tools the Customer connects, nor for consequences of changes implemented by the Customer or its suppliers.

10. Changes to these terms

11. Personal data

How the Provider handles personal data as a controller — for visitors of kaen.cz, leads and contacts of customers — is described in the Privacy Policy.

Where the Provider processes personal data on the Customer’s behalf as part of the Service, that processing is governed by the Data Processing Agreement (DPA), which forms an integral part of these terms. The suppliers involved are listed at Subprocessors.

12. Governing law and disputes

The contract and these terms are governed by Czech law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Disputes will be decided by the Czech courts with jurisdiction over the Provider’s registered office.

The parties will first try to settle any dispute amicably; the first step is an e-mail to hello@kaen.cz.

13. Final provisions

If a provision of these terms is or becomes invalid, the remaining provisions stay in force and the invalid one is replaced by a provision closest to its purpose. The Customer may assign the contract only with the Provider’s consent. Communication under the contract may be conducted by e-mail.

These terms are published in English and in Czech. In case of any discrepancy, the English version prevails.