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 two parts:

• Initial setup — a one-off engagement in which the Provider’s team builds the tracking and data infrastructure the Service runs on: business context, a review of the tracking against live traffic, and tracking set up and fixed where needed, so that tests stand on reliable data.
• The monthly service — Kaen analyses the Customer’s website and analytics, looks for where visitors drop off, and prepares findings and variations of the website to test. Once the Customer approves a variation, Kaen runs the A/B test on the Customer’s website, evaluates it and, where the variation wins, scales the winner. Kaen communicates with the Customer in a shared channel (for example Slack, Microsoft Teams or Basecamp); tests are run in the Kaen app.

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.

Nothing goes live without the Customer’s approval. Kaen prepares findings and variations; nothing goes live on the Customer’s website until the Customer approves it. After approval, Kaen runs the test and scales the winner, through access the Customer grants for that purpose. The Customer can stop any test at any time.

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, Microsoft Teams, 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 changes the Customer’s website only (a) to set up tracking during the initial setup or as otherwise expressly agreed, and (b) to run tests the Customer has approved under clause 2, including scaling an approved winning variation. Write access granted for these purposes is used only for them, and the Customer may revoke it at any time. Where access is granted through an agency’s manager account, the Customer is responsible for having its client’s agreement.

5. Prices and payment

The price is the one agreed in the order or shown on 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.

The initial setup is billed as a one-off fee. The monthly service 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

The initial setup is a one-off engagement and ends with delivery. The monthly service runs for an indefinite term and renews monthly.

Either party may terminate the monthly service 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.

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.

Findings, variations, experiments and their results delivered under the contract (the “Outputs”) may be used by the Customer without limitation for its own business, including implementation by third parties. Outputs may be shared with the Customer’s own client where the Customer resells the Service.

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 results of tests are not guaranteed. The Provider does not guarantee a specific lift or 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.

Any running test can be stopped at any time; the Provider will stop a test, or remove a change it has put live, without undue delay at the Customer’s request. The Customer is responsible for the content and the business impact of a variation it approved; the Provider is responsible for running the test and putting the change live with professional care, within the limit of liability above.

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.