Terms of Service

These Terms of Service ("Terms") govern your access to and use of the KyberAccess visitor management platform, including all related applications, websites, APIs, and services (the "Service") provided by Kyber Systems LLC ("KyberAccess," "we," "us," or "our"), a New Jersey limited liability company.

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1. Service Description

KyberAccess provides a cloud-based visitor management platform that enables organizations to manage visitor check-ins, print badges, scan IDs, conduct background screenings, send notifications, and maintain visitor logs. The Service includes:

• Web-based administration dashboard (app.kyberaccess.com)
• KyberAccess Kiosk application for iPad
• Mobile applications for iOS and Android
• APIs and integrations
• Badge printing and hardware integrations
• Pre-registration and visitor communication tools

2. Accounts

2.1 Registration

You must create an account to use the Service. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.

2.2 Account Types

Organization accounts may have multiple users with different roles and permissions (e.g., Administrator, Manager, Front Desk). The account owner is responsible for managing user access and permissions within their organization.

2.3 Account Security

You must notify us immediately at info@kybersystems.com if you become aware of any unauthorized use of your account. We are not liable for losses arising from unauthorized use of your account.

3. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Collect visitor information for purposes other than legitimate visitor management
• Use the Service to discriminate against visitors based on race, gender, religion, national origin, disability, or other protected characteristics
• Attempt to reverse engineer, decompile, or disassemble any part of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service or its related systems
• Use automated means to access the Service except through our published APIs
• Resell, sublicense, or redistribute the Service without our written consent
• Upload or transmit malicious code, viruses, or harmful content

4. Data & Privacy

4.1 Your Data

You retain ownership of all data you submit to the Service ("Your Data"), including visitor records, organization information, and configurations. We process Your Data solely to provide the Service in accordance with our Privacy Policy.

4.2 Data Processing

You acknowledge that you are the data controller for visitor information collected through the Service. You are responsible for ensuring you have a lawful basis to collect and process visitor data, providing appropriate notices to visitors, and complying with applicable data protection laws (including GDPR, CCPA, FERPA, and HIPAA where applicable).

4.3 Data Portability

You may export Your Data at any time through the Service's export functionality. Upon account termination, we will make Your Data available for export for 30 days, after which it will be permanently deleted.

5. Equipment Leasing

KyberAccess may offer hardware equipment for lease, including but not limited to iPad kiosks, kiosk stands, badge printers, and ID scanners ("Leased Equipment"). If you lease equipment from us:

• Leased Equipment remains the property of Kyber Systems LLC
• You are responsible for the care and maintenance of Leased Equipment during the lease period
• You agree to return Leased Equipment in reasonable condition (normal wear and tear excepted) upon termination of the lease or your Service subscription
• You are responsible for the replacement cost of any Leased Equipment that is lost, stolen, or damaged beyond normal wear and tear
• Lease terms, pricing, and specific conditions are outlined in your separate Equipment Lease Agreement

6. Payments & Billing

6.1 Subscription Plans

The Service is offered under various subscription plans as described on our Pricing page. Free plans are subject to usage limitations. Paid plans are billed monthly or annually as selected.

6.2 Payment

Paid subscriptions are billed in advance on a recurring basis. Payment is processed securely through Stripe. You authorize us to charge your payment method for all fees incurred. All fees are in U.S. dollars unless otherwise stated.

6.3 Refunds

Subscription fees are non-refundable except as required by applicable law. If you cancel during a billing cycle, you will retain access until the end of your current billing period.

6.4 Price Changes

We may change our pricing with 30 days' prior notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

7. Intellectual Property

7.1 Our IP

The Service, including all software, designs, text, graphics, logos, and other content, is owned by Kyber Systems LLC and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during your subscription period.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Service without restriction or compensation.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

BACKGROUND CHECK AND WATCHLIST SCREENING RESULTS ARE PROVIDED FROM THIRD-PARTY DATA SOURCES. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF SUCH RESULTS. YOU ARE RESPONSIBLE FOR VERIFYING SCREENING RESULTS AND MAKING ACCESS DECISIONS IN COMPLIANCE WITH APPLICABLE LAWS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KYBER SYSTEMS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kyber Systems LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any law or third-party rights.

11. Termination

11.1 By You

You may cancel your subscription at any time through the Service's account settings or by contacting us. Upon cancellation, your access will continue until the end of your current billing period.

11.2 By Us

We may suspend or terminate your access to the Service if you violate these Terms, fail to pay fees when due, or if we reasonably believe your use poses a risk to the Service or other users. We will provide notice when possible.

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Your Data will be available for export for 30 days after termination, after which it will be permanently deleted. Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law) will survive.

12. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of laws principles. Any disputes arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of such courts.

13. General Provisions

• Entire Agreement — These Terms, together with the Privacy Policy and any Order Forms or Equipment Lease Agreements, constitute the entire agreement between you and us.
• Severability — If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver — Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment — You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Modifications — We may modify these Terms at any time by posting the revised terms on this page. Material changes will be communicated via email to account holders. Continued use after changes constitutes acceptance.

14. Contact Us

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