Terms of Service

Kanah Inc. · Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Kanah’s websites, software applications, digital platforms, technology solutions, and related products and services (collectively, the “Services”).

Read our Privacy Policy

1. Introduction and Acceptance of Terms

Welcome to Kanah Inc. (“Kanah,” “Company,” “we,” “us,” or “our”).

Kanah provides technology solutions designed to support real estate professionals, brokerages, businesses, and organizations through digital platforms, information management, and related software functionality.

By creating an account, accessing the Services, or selecting an option indicating acceptance of these Terms, you agree to be legally bound by this agreement and our Privacy Policy, as applicable.

If you do not agree to these Terms, you must not access or use the Services.

If you access or use the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, references to “you” or “your” may include that organization.

These Terms constitute a legally binding agreement between you and Kanah Inc.

2. Eligibility and Authorized Use

To use the Services, you must:

Be at least 18 years of age or the age of legal majority in your jurisdiction.
Have the legal capacity to enter into binding agreements.
Provide accurate and current registration information.
Comply with applicable laws and regulations.
Access the Services only for authorized and lawful purposes.

Kanah reserves the right to deny registration, restrict access, or suspend accounts where reasonably necessary to protect the Services or enforce these Terms.

Users accessing the Services through a brokerage, employer, or other organization must comply with applicable organizational policies and authorization requirements.

3. Account Registration and Security

3.1 Account Creation

Certain Services may require users to register for an account.

You agree to provide accurate, complete, and current information during registration and maintain the accuracy of that information throughout your use of the Services.

Kanah may require identity, business, or account verification when reasonably necessary.

3.2 Account Credentials

You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account to the extent attributable to you or persons you authorize.

You agree to:

Maintain secure login credentials.
Refrain from sharing passwords or authentication credentials with unauthorized parties.
Notify Kanah promptly of suspected unauthorized access.
Use available account security controls as instructed.
Access only information and systems for which you have authorization.

Kanah may require additional authentication or identity verification measures to protect platform security.

3.3 Unauthorized Access

If you believe your account has been compromised, you must notify Kanah promptly using the contact information provided in these Terms.

Kanah may temporarily restrict access, reset credentials, or take other proportionate protective measures while investigating potential security threats.

3.4 Organizational Accounts

Where accounts are managed by a business, brokerage, or other organization, designated administrators may control account creation, access permissions, and account termination.

Organizations are responsible for authorizing their users and promptly notifying Kanah or using available administrative controls when access should be modified or revoked.

4. Description of Services

Kanah provides software and technology solutions that may support:

Real estate business operations.
Brokerage and professional workflows.
Digital record and information management.
User and organizational account management.
Business communications and collaboration.
Property, transaction, or professional information management.
Other technology-enabled services introduced by Kanah.

Features and functionality may vary based on subscription plans, account permissions, licensing arrangements, and platform availability.

Kanah may introduce, modify, discontinue, or replace features in accordance with applicable customer agreements and these Terms.

Unless expressly agreed otherwise in writing, Kanah does not guarantee that any particular feature will remain available indefinitely.

5. License and Permitted Use

Subject to your compliance with these Terms and any applicable payment obligations, Kanah grants you a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to access and use the Services for authorized business purposes during the applicable service term.

This license does not transfer ownership of any software, technology, intellectual property, or proprietary systems belonging to Kanah.

You may not:

Copy, reproduce, redistribute, or commercially exploit the Services without authorization.
Reverse engineer, decompile, or attempt to extract source code except where expressly permitted by applicable law.
Circumvent authentication, security, or access restrictions.
Access another user’s or organization’s information without authorization.
Introduce malware or malicious software.
Conduct unauthorized penetration testing or vulnerability scanning.
Scrape, harvest, or systematically extract platform information without authorization.
Use the Services for unlawful, fraudulent, deceptive, or abusive activities.
Resell, sublicense, or provide unauthorized third-party access to the Services.

Kanah reserves all rights not expressly granted under these Terms.

6. Customer Data and Submitted Content

6.1 Ownership of Customer Data

Users and organizational customers may upload, submit, store, transmit, or otherwise provide information through the Services (“Customer Data”).

As between Kanah and the applicable customer, the customer retains its ownership rights in Customer Data.

Kanah does not acquire ownership of Customer Data merely because it is submitted through the Services.

6.2 License to Process Customer Data

You grant Kanah a limited, nonexclusive right to host, store, transmit, reproduce, process, and otherwise use Customer Data as reasonably necessary to:

Provide the Services.
Perform contracted obligations.
Maintain platform functionality.
Provide technical support.
Protect platform security.
Comply with applicable legal obligations.

This license is limited to the purposes described in these Terms, the Privacy Policy, and any applicable customer agreement.

6.3 Customer Responsibilities

You represent and warrant that:

You have the necessary rights and permissions to submit Customer Data.
Your submission and use of Customer Data comply with applicable laws.
Customer Data does not knowingly infringe third-party intellectual property or privacy rights.
You have obtained required notices, authorizations, or consents relating to information you submit.
You will not intentionally upload malicious, unlawful, or unauthorized materials.

6.4 Accuracy of Submitted Information

You are responsible for reviewing the accuracy, completeness, and suitability of information submitted through the Services.

Kanah is not responsible for independently verifying all information provided by customers, platform users, third parties, or external integrations.

6.5 Organizational Control

When Customer Data is managed through an organizational account, the relevant organization may control access, permissions, retention decisions, and authorized use of that information.

Kanah may act on the documented instructions of the organizational customer, subject to applicable law and contractual obligations.

7. Real Estate and Business Information Disclaimer

Kanah provides technology services and does not, solely by providing its platform, act as a licensed real estate broker, real estate agent, attorney, lender, appraiser, or financial adviser.

Unless specifically authorized and expressly agreed in writing, Kanah does not:

Represent buyers or sellers in real estate transactions.
Negotiate real estate contracts on behalf of platform users.
Guarantee property values or transaction outcomes.
Verify the legal status of every property or transaction.
Provide legal, tax, lending, or investment advice.
Guarantee the accuracy of information submitted by third parties.

Users are responsible for independently reviewing information and consulting qualified professionals when necessary.

No information made available through the Services should be treated as a substitute for professional advice where such advice is required.

8. Acceptable Use and Prohibited Activities

Users must access the Services responsibly and in compliance with applicable laws.

Prohibited activities include:

Security Violations

Attempting unauthorized system access, bypassing security measures, interfering with platform operations, or exploiting vulnerabilities without authorization.

Fraudulent Activities

Providing knowingly false information, impersonating another individual or organization, or using the Services for fraud or deception.

Unauthorized Data Collection

Collecting, exporting, downloading, or disclosing information without appropriate authorization or a lawful basis.

System Interference

Introducing malicious code, conducting denial-of-service attacks, or engaging in activities that may impair platform availability.

Intellectual Property Violations

Using the Services to distribute materials that infringe copyrights, trademarks, trade secrets, or other protected rights.

Unlawful Conduct

Using the Services in violation of applicable privacy, consumer protection, intellectual property, real estate, or other laws.

Kanah may investigate suspected violations and take appropriate corrective action, including restrictions, suspensions, or termination.

9. Fees, Subscriptions, and Payments

9.1 Applicable Fees

Certain Services may be provided under paid subscriptions, licensing arrangements, service agreements, or other commercial pricing structures.

Applicable fees, billing periods, and payment terms will be disclosed in an order form, subscription agreement, checkout process, or separate written agreement.

9.2 Billing Authorization

By purchasing paid Services, you authorize Kanah or its designated payment processor to collect the applicable charges under the agreed billing arrangement.

9.3 Recurring Subscriptions

Where recurring subscriptions are offered, renewal terms, recurring charges, and cancellation procedures will be disclosed before enrollment.

Subscriptions will renew automatically only where the applicable agreement and enrollment disclosures provide for automatic renewal.

Any required consent will be obtained in accordance with applicable law.

9.4 Failure to Pay

Failure to pay undisputed amounts when due may result in service restrictions or suspension after any applicable notice or cure period required by law or the governing customer agreement.

9.5 Refunds

Refunds, credits, and cancellation-related charges will be governed by the applicable purchase terms, customer agreement, or refund policy provided at the time of purchase, subject to applicable law.

9.6 Taxes

Unless expressly stated otherwise, applicable taxes may be added to fees where legally required.

10. Intellectual Property Rights

The Services, including their software, source code, design, interface, architecture, branding, trademarks, logos, documentation, and other proprietary materials, are owned by Kanah or its licensors and are protected by applicable intellectual property laws.

Nothing in these Terms transfers ownership of Kanah’s intellectual property to users or customers.

You may not reproduce, distribute, modify, publicly display, or create derivative works from protected materials except as expressly authorized.

10.1 Feedback and Suggestions

If you voluntarily provide suggestions, feedback, ideas, or recommendations concerning the Services, you grant Kanah a perpetual, worldwide, nonexclusive, royalty-free license to use that feedback to develop, improve, or operate its products and services.

This provision does not transfer ownership of Customer Data or confidential materials merely because they are provided in connection with support or feedback.

10.2 Trademarks

Kanah’s name, branding, and related marks may not be used in a manner suggesting sponsorship, affiliation, or endorsement without appropriate authorization.

11. Privacy and Data Protection

Kanah processes personal information in accordance with its Privacy Policy and applicable data protection requirements.

Our Privacy Policy describes the categories of personal information we collect, the purposes for which it may be processed, and applicable privacy rights.

Where Kanah processes personal data on behalf of an organizational customer, additional data processing terms may apply.

Customers remain responsible for providing appropriate notices and obtaining required authorizations related to personal information they submit through the Services.

Kanah and its customers will each comply with applicable data protection obligations relevant to their respective activities.

12. Information Security

Kanah seeks to maintain reasonable administrative, technical, and organizational safeguards appropriate to the Services and the information processed.

Depending on the systems involved, safeguards may include authentication requirements, access restrictions, encryption, monitoring, and incident response procedures.

Users agree to cooperate with reasonable security requirements and promptly report suspected security vulnerabilities or unauthorized access.

Kanah may temporarily restrict access or take other protective measures when reasonably necessary to address security threats.

No technology platform can guarantee absolute security.

Nothing in these Terms eliminates Kanah’s obligations under applicable information security, privacy, or breach notification laws.

13. Third-Party Services and Integrations

The Services may integrate with or provide access to third-party applications, platforms, websites, or software providers.

These integrations may be subject to separate terms and privacy notices.

Kanah does not control independent third-party services and is not responsible for their acts or omissions except to the extent responsibility cannot lawfully be excluded or is expressly assumed under an applicable agreement.

Users are responsible for reviewing relevant third-party terms before authorizing integrations.

Kanah may modify or discontinue an integration when required by technical, contractual, legal, or security considerations.

14. Service Availability, Maintenance, and Updates

Kanah will make commercially reasonable efforts to operate and maintain the Services.

However, the Services may occasionally experience interruptions caused by:

Scheduled maintenance.
Software updates or system changes.
Network or infrastructure failures.
Third-party service disruptions.
Security incidents.
Events outside Kanah’s reasonable control.

Unless a separate written service level agreement provides otherwise, Kanah does not guarantee uninterrupted or error-free availability.

Kanah may implement updates, patches, and security-related changes necessary to maintain the Services.

Where reasonably practicable, Kanah will provide advance notice of planned changes that materially affect customer access or functionality.

15. Suspension and Termination

15.1 Suspension by Kanah

Kanah may suspend or restrict access when reasonably necessary because of:

Material violations of these Terms.
Unauthorized or fraudulent activity.
Security threats.
Legal or regulatory requirements.
Nonpayment under an applicable agreement.
Misuse that threatens the Services or other users.

Where appropriate and legally permissible, Kanah will provide notice and an opportunity to address the issue.

15.2 Termination by Users

Users may request account closure through available platform controls or by contacting Kanah.

Customers with paid subscriptions or separate service agreements must comply with their applicable cancellation or termination provisions.

15.3 Termination by Kanah

Kanah may terminate access for material violations of these Terms or other grounds permitted under an applicable customer agreement or law.

15.4 Effect of Termination

Following termination:

Access to the affected Services may cease.
Outstanding authorized payment obligations may remain due.
Applicable software licenses will end.
Customer Data will be handled in accordance with the relevant agreement, Privacy Policy, retention requirements, and applicable law.
Provisions intended to survive termination will remain effective.

Where an applicable agreement provides for data export or retrieval, Kanah will honor those obligations subject to the agreed conditions.

16. Confidentiality

Both Kanah and its business customers may receive confidential or proprietary information in connection with the Services.

Each party agrees to use the other party’s confidential information only for authorized purposes and to protect it using reasonable care.

Confidential information may include nonpublic technical information, proprietary business processes, customer records, internal documentation, pricing, or security-related information.

Confidentiality obligations do not apply to information that:

Becomes publicly available without breach of an obligation.
Was lawfully known before disclosure.
Is independently developed without using confidential information.
Is lawfully received from another source without confidentiality restrictions.

Disclosure may be permitted where legally required, subject to applicable notice restrictions and other legal obligations.

More detailed confidentiality requirements in a separate written agreement will control where applicable.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

KANAH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT TO THE EXTENT PERMITTED BY LAW.

KANAH DOES NOT WARRANT THAT:

THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
ALL DEFECTS WILL BE CORRECTED IMMEDIATELY.
THIRD-PARTY INFORMATION WILL ALWAYS BE ACCURATE OR COMPLETE.
THE SERVICES WILL MEET EVERY USER’S PARTICULAR BUSINESS REQUIREMENTS.
USE OF THE SERVICES WILL RESULT IN ANY SPECIFIC COMMERCIAL, FINANCIAL, OR REAL ESTATE OUTCOME.

NOTHING IN THIS SECTION EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KANAH NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR SERVICE PROVIDERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITIES, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED.

EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, KANAH’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE TO KANAH BY THE CUSTOMER FOR THE AFFECTED SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

FOR SERVICES PROVIDED WITHOUT CHARGE, KANAH’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW, SUBJECT TO ANY DIFFERENT LIABILITY CAP EXPRESSLY AGREED IN WRITING.

THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW OR TO ANY LIABILITY EXPRESSLY EXCLUDED FROM THE LIMITATIONS UNDER A GOVERNING CUSTOMER AGREEMENT.

THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS FORM PART OF THE AGREED ALLOCATION OF RISK.

19. Indemnification

To the extent permitted by applicable law, business customers agree to defend, indemnify, and hold harmless Kanah and its directors, officers, employees, and representatives against third-party claims, losses, liabilities, and reasonable expenses, including attorneys’ fees, arising from:

Customer Data submitted without necessary rights or authorizations.
The customer’s unlawful use of the Services.
The customer’s material breach of these Terms.
The customer’s infringement of third-party intellectual property rights.
Fraudulent or intentionally wrongful conduct by the customer or its authorized users.

These obligations apply only to the extent the claim is attributable to the customer’s conduct and do not require indemnification for Kanah’s own negligence, misconduct, or breach of its contractual obligations.

Kanah will provide reasonably prompt notice of qualifying claims and cooperate in their defense, subject to appropriate arrangements regarding control of the defense and settlement.

20. Dispute Resolution and Governing Law

20.1 Informal Resolution

Before initiating formal legal proceedings, the parties agree to make reasonable efforts to resolve disputes through good-faith communication.

A party may submit a written notice describing the dispute, relevant facts, and requested resolution.

Unless immediate relief is reasonably necessary, the parties will attempt informal resolution for 30 days following receipt of written notice.

20.2 Governing Law

Unless a separate written agreement specifies otherwise, these Terms are governed by the laws of the State of Georgia, United States, without regard to conflicting choice-of-law principles, subject to applicable mandatory legal protections.

20.3 Jurisdiction

Subject to applicable law and any controlling written agreement, disputes arising from these Terms will be brought in courts of competent jurisdiction located in Georgia.

Nothing in these Terms limits a party’s rights to seek relief in another forum where required by applicable law.

20.4 Injunctive Relief

Either party may seek appropriate injunctive or equitable relief to protect confidential information, intellectual property, or security interests where legally justified.

21. Changes to the Services and These Terms

Kanah may update these Terms to reflect:

Changes in the Services.
New platform functionality.
Business or operational developments.
Legal or regulatory requirements.
Security or compliance considerations.

The current version will identify its effective or updated date.

Where required by applicable law or a controlling agreement, Kanah will provide appropriate notice and obtain any necessary consent before materially revised Terms become binding.

Changes will not retroactively eliminate accrued rights or obligations unless lawfully agreed.

22. Electronic Communications

By using the Services, you consent to receiving service-related electronic communications, including account notices, security alerts, operational updates, and contractual notifications, to the extent permitted by applicable law.

Where electronic consent is legally required, Kanah will obtain it through an appropriate process.

You are responsible for maintaining current contact details so that important notices can be delivered.

Promotional communications will be subject to separate preferences and applicable marketing laws.

23. Force Majeure

Neither party will be responsible for delays or failure to perform obligations caused by events beyond its reasonable control, including natural disasters, major infrastructure outages, governmental actions, widespread cyber incidents, or similar events, provided the affected party takes reasonable steps to mitigate the impact.

This provision does not automatically excuse payment obligations already accrued or obligations that cannot legally be waived.

The affected party will resume performance as reasonably practicable.

24. General Provisions

24.1 Entire Agreement

These Terms, together with applicable order forms, expressly incorporated policies, and other binding written agreements, constitute the agreement between the parties regarding the Services.

24.2 Order of Precedence

If these Terms conflict with a separately executed customer agreement, the separately executed agreement will control with respect to its subject matter unless that agreement states otherwise.

24.3 Severability

If a provision is found unenforceable, the remaining provisions will remain effective to the extent permitted by law.

24.4 No Waiver

Failure to enforce a provision does not constitute a waiver of the right to enforce it later.

24.5 Assignment

Users may not assign their rights or obligations under these Terms without Kanah’s prior written consent, except as permitted by applicable law or written agreement.

Kanah may assign these Terms as part of a legitimate merger, acquisition, reorganization, or transfer of substantially all relevant business assets, subject to applicable contractual and legal restrictions.

24.6 Independent Parties

The parties are independent contractors. Nothing in these Terms creates an employment, agency, partnership, fiduciary, or joint venture relationship.

24.7 No Third-Party Beneficiaries

Unless expressly stated otherwise, these Terms do not create enforceable rights for persons or entities that are not parties to the agreement.

24.8 Survival

Provisions concerning payment obligations, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and other provisions that by their nature should survive will remain effective following termination.

25. Contact Information

Questions regarding these Terms, account access, or the Services may be directed to:

Kanah Inc.

Legal and Customer Support

730 Peachtree Street NE, Suite 570

Atlanta, GA 30308

United States

For questions about personal information or privacy rights, please refer to Kanah’s Privacy Policy.