1. Acceptance of These Terms
These Terms of Service ("Terms") form a binding legal agreement between you ("you," "your," or the "User") and ProFinna Technologies Limited, a company (Registration No. [COMPANY REGISTRATION NUMBER — set in Company Info], registered office at Gulshan-1, Dhaka - 1212, Dhaka, Dhaka, Bangladesh, 1212, Bangladesh) ("the Company," "we," "us," or "our"), governing your access to and use of KaiKap — www.kaikap.com, and the KaiKap applications distributed through the Apple App Store and Google Play (together, the "Service").
By creating an account, checking the acceptance box presented at signup, downloading, installing, or otherwise accessing or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to every part of these Terms, you must not access or use the Service.
If you are accessing the Service on behalf of a company, partnership, or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
2. Description of the Service
KaiKap is decision-support software for personal financial record-keeping and analysis. It allows you to record financial events you report to it (income, expenses, transfers, trades, contracts, loans, and similar), derive summaries, trends, and projections from that data, and converse with an AI assistant ("K") about your recorded data and general financial topics.
KaiKap is not, and must never be understood to be, any of the following:
- a bank, deposit-taking institution, electronic money issuer, or payment service provider;
- a broker-dealer, securities exchange, or trading venue — KaiKap never executes, routes, or settles a trade on any exchange; every trade record in KaiKap is a record of something you represent already happened elsewhere;
- a registered investment adviser, portfolio manager, merchant banker, or any other entity licensed or required to be licensed by the Bangladesh Securities and Exchange Commission ("BSEC") or any equivalent regulator in any other jurisdiction;
- an accounting, auditing, tax-preparation, or bookkeeping service producing statutory or audit-ready financial statements; or
- a substitute for professional financial, investment, tax, legal, or accounting advice.
The accuracy and completeness of every figure the Service shows you depends entirely on the accuracy and completeness of what you, or a service you connect, report into it. KaiKap does not independently verify your balances, holdings, or transactions against any bank, brokerage, or exchange records unless you have explicitly connected such a source, and even then accuracy is not guaranteed. You are solely responsible for reviewing and verifying any figure before relying on it.
3. Eligibility
You may use the Service only if you:
- are at least 18 years old and have the legal capacity to enter into a binding contract under the law of your jurisdiction of residence;
- are not barred from receiving the Service under the laws of Bangladesh or any other applicable jurisdiction, including export control, sanctions, and anti-money-laundering laws; and
- register and maintain only one account per natural person, using accurate information.
The Service is not directed to, and must not be used by, anyone under 18. We do not knowingly collect data from anyone under 18; if we learn that we have, we will close the account and delete the data as described in our Privacy Policy.
4. Your Account
4.1 Registration
You must register using a valid email address, or via a supported third-party sign-in (currently Google). You agree to provide accurate information and to keep it current. You are responsible for everything that happens under your account, whether or not you authorized it, except to the extent caused solely by our failure to meet our security obligations under Section 13.
4.2 Credentials and Security
You are responsible for maintaining the confidentiality of your password, any two-factor authentication device or code, and any device on which the Service remains signed in. You must notify us immediately at support@kaikap.com if you suspect any unauthorized access to or use of your account.
4.3 Account Closure
You may close your account at any time from within the Service or by writing to admin@kaikap.com. Section 12 and our Privacy Policy describe what happens to your data after closure.
5. Acceptable Use
You agree that you will not, and will not attempt to:
- use the Service for any unlawful purpose, or to facilitate money laundering, terrorist financing, tax evasion, or any other financial crime;
- enter data you know to be false with the intent to deceive a co-user, dependent, business partner, lender, regulator, or any other third party who may rely on it;
- reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent such restriction is prohibited by applicable law;
- scrape, crawl, or use any automated means to access the Service outside of the interfaces we provide, or to circumvent rate limits or access controls;
- probe, scan, or test the vulnerability of the Service, or breach or attempt to breach any security or authentication measure, except under a separate written responsible-disclosure or bug-bounty agreement with us;
- use the Service to store, transmit, or process data on behalf of any third party as a commercial data-processing service, resell access to the Service, or offer the Service, in whole or part, as your own product;
- upload or transmit any virus, malware, or other harmful code;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity; or
- use any content, output, or feature of the Service to train, fine-tune, or evaluate a competing artificial-intelligence or financial-software product without our prior written consent.
We may investigate and take appropriate action against anyone who, in our reasonable judgment, violates this Section, including suspending or terminating the account and reporting conduct to law enforcement or regulators where we are legally required or believe it necessary to do so.
6. Your Data and Content
6.1 Ownership
As between you and the Company, you own the financial data you enter into the Service ("Your Data"). We claim no ownership interest in Your Data.
6.2 License to Us
You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display Your Data solely as necessary to provide, maintain, secure, and improve the Service, to comply with law, and — where you have engaged the AI features under Section 7 — to send the relevant portion of Your Data to the third-party AI providers described in Section 8 for the purpose of generating a response to you. This license ends when Your Data is deleted, subject to the retention exceptions described in our Privacy Policy (including the append-only ledger design described there).
6.3 Your Responsibility for Accuracy
KaiKap is decision software, not accounting software: every number it shows you is derived from what you told it. You are solely responsible for the accuracy, legality, and completeness of Your Data, and for any decision you make in reliance on figures, summaries, or narration the Service produces from it.
6.4 Export and Portability
You may export a complete copy of Your Data from within the Service at any time, in a machine-readable format, as described in our Privacy Policy.
7. AI Features — Not Financial, Investment, Tax, or Legal Advice
7.1 Nature of the AI Assistant
The Service includes an AI-powered conversational assistant ("K") and AI-generated narrative summaries, sector notes, and similar text elsewhere in the Service. These features use one or more third-party large language models (see Section 8). Even where the Service is designed to ground the assistant's factual claims about your own data in deterministic calculations, AI language models can produce incomplete, outdated, or incorrect statements, including about general market conditions, securities, tax rules, and regulations. You must independently verify any material fact before relying on it.
7.2 Not Investment Advice
Nothing in the Service — including anything said by K, any screener output, sector narrative, watchlist entry, signal, score, or ranking — is, or should be understood as, a recommendation, solicitation, or offer to buy, sell, or hold any security, or personalized investment advice. The Company is not registered as an investment adviser, merchant banker, or portfolio manager with BSEC or any equivalent regulator, and no feature of the Service is a substitute for advice from a licensed investment professional. Past performance, backtested results, or any projection shown in the Service is not a reliable indicator of future results.
7.3 Not Tax, Legal, or Accounting Advice
Nothing in the Service is tax, legal, or accounting advice. Tax treatments, deadlines, and figures shown or discussed by K are illustrative only. Consult a licensed tax adviser, lawyer, or chartered accountant before acting on any tax, legal, or accounting matter.
7.4 You Remain in Control
No feature of the Service moves money, places a trade, or otherwise takes an irreversible action on your behalf without your explicit, separate confirmation at the time of the action. You are solely responsible for every financial decision you make, whether or not informed by the Service.
8. Third-Party Services and Data
The Service relies on and incorporates data and infrastructure from third parties, including — without limitation — large-language-model providers (currently including Google's Gemini models) for AI features; the Dhaka Stock Exchange's public data feeds for market data; email delivery, cloud hosting, and content-delivery infrastructure providers; and, if you choose to use it, Google Sign-In for authentication. We do not own, control, warrant, or guarantee the accuracy, timeliness, or availability of any third-party data or service, and we are not responsible for any error, omission, outage, or change in a third party's data, pricing, or terms. Your use of any third-party sign-in option is additionally governed by that provider's own terms and privacy policy.
9. Fees
The Service is currently offered free of charge. We may introduce paid plans, usage limits, or fees for some or all features in the future. If we do, we will give you reasonable advance notice before any fee applies to your account, and continued use of a feature after that notice takes effect constitutes acceptance of the applicable fee. All fees, once introduced, will be disclosed in Bangladeshi Taka (or the applicable local currency for app-store billing) inclusive or exclusive of tax as stated at the time.
10. Mobile Applications
This Section 10 applies specifically to your use of the KaiKap application distributed through the Apple App Store ("Apple") or Google Play ("Google") (each, an "App"), in addition to the rest of these Terms.
10.1 License Between You and the Company
The license to use each App is between you and the Company only, not Apple or Google. The Company, not Apple or Google, is solely responsible for the App and its content, and for any maintenance and support relating to the App, to the extent required by these Terms.
10.2 No Warranty or Support Obligation from the App Store
Apple and Google have no warranty obligation whatsoever with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, as applicable, and they may refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple and Google have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are the Company's responsibility alone.
10.3 Maintenance, Support, and Claims
The Company, not Apple or Google, is responsible for addressing any claim by you or a third party relating to the App or your possession or use of it, including: (a) product-liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the App's use of any third-party AI service as described in these Terms and our Privacy Policy.
10.4 Intellectual Property Claims
The Company, not Apple or Google, is responsible for the investigation, defense, settlement, and discharge of any claim that the App or your possession and use of it infringes a third party's intellectual property rights.
10.5 Compliance with Third-Party Terms
You represent that you are not located in a country subject to a Bangladeshi or United States government embargo, or that has been designated by the Bangladeshi or United States government as a "terrorist supporting" country, and that you are not listed on any government list of prohibited or restricted parties. You further represent that, when using the App, you will comply with Apple's then-current Licensed Application End User License Agreement terms and/or Google Play's Developer Distribution Agreement terms, as applicable, in addition to these Terms.
10.6 Third-Party Beneficiary
You acknowledge and agree that Apple, Google, and their respective subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the applicable App, and that, upon your acceptance of these Terms, each such company will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.
10.7 Device Permissions and Notifications
The App may request device permissions (for example, notification delivery) strictly to provide features you opt into. You can manage or withdraw these permissions at any time through your device's operating-system settings; doing so may disable the corresponding feature.
11. Intellectual Property
The Service, including its software, visual design, "KaiKap" and "K" names and logos, and all related documentation, is the property of ProFinna Technologies Limited and its licensors and is protected by copyright, trademark, and other intellectual-property laws of Bangladesh and other countries. Except for the limited right to access and use the Service as permitted by these Terms, no right, title, or interest in the Service is transferred to you. If you send us feedback or suggestions about the Service, you grant us an unrestricted, perpetual, royalty-free license to use them without any obligation to you.
12. Suspension and Termination
12.1 By You
You may stop using the Service and close your account at any time, as described in Section 4.3.
12.2 By Us
We may suspend or terminate your access to the Service, with or without notice, if: (a) you materially breach these Terms; (b) we reasonably believe your account has been compromised, used fraudulently, or used to violate applicable law; (c) we are required to do so by law or a competent authority; or (d) we discontinue the Service or a material feature of it, in which case we will make reasonable efforts to give you advance notice and an opportunity to export Your Data.
12.3 Effect of Termination
On termination, your right to access the Service ends immediately. Sections 6.1 (Ownership), 7 (AI Disclaimers), 11 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16 (Governing Law), and 18 (General Provisions) survive termination. Handling of Your Data after termination is described in our Privacy Policy.
13. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY FIGURE, PROJECTION, NARRATIVE, SIGNAL, OR OTHER OUTPUT OF THE SERVICE IS ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE; OR (C) ANY DEFECT IN THE SERVICE WILL BE CORRECTED. YOU USE THE SERVICE, AND RELY ON ANY OUTPUT OF IT, AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL PROFINNA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANY FINANCIAL LOSS RESULTING FROM A DECISION MADE IN RELIANCE ON THE SERVICE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) PROFINNA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES YOU PAID TO PROFINNA FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) BDT 5,000. THESE LIMITATIONS APPLY EVEN IF ANY REMEDY PROVIDED FOR IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
15. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claim, liability, damage, loss, cost, or expense (including reasonable legal fees) arising out of or relating to: (a) Your Data or any content you submit to the Service; (b) your violation of these Terms or applicable law; (c) your violation of any right of a third party, including any co-user, dependent, or counterparty whose information you entered into the Service; or (d) any financial, investment, tax, or legal decision you make in connection with your use of the Service.
16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the People's Republic of Bangladesh, without regard to its conflict-of-laws principles.
16.2 Informal Resolution First
Before filing a claim, you agree to first contact us at legal@kaikap.com and give us at least thirty (30) days to resolve the dispute informally.
16.3 Arbitration
Any dispute that is not resolved informally under Section 16.2 will be referred to and finally resolved by arbitration in Dhaka, Bangladesh, under the Bangladesh Arbitration Act, 2001, by a sole arbitrator appointed by mutual agreement of the parties (or, failing agreement within thirty days, appointed in accordance with that Act). The arbitration will be conducted in the English language. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek interim injunctive relief from the courts of Dhaka, Bangladesh, at any time to prevent irreparable harm, including for unauthorized use of intellectual property or a breach of confidentiality.
16.4 No Class Actions
To the extent permitted by applicable law, disputes will be resolved on an individual basis only, and you agree not to bring or participate in any class, collective, or representative action against the Company.
17. Changes to These Terms
We may modify these Terms from time to time. If we make a material change, we will provide reasonable advance notice, such as an in-app notice or an email to the address on your account, before the change takes effect. Your continued use of the Service after a change takes effect constitutes your acceptance of the revised Terms. If you do not agree to a change, you must stop using the Service and may close your account.
18. General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy and any other terms we reference in them, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements about the Service.
18.2 Severability
If any provision of these Terms is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
18.3 No Waiver
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
18.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, without your consent, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or by operation of law.
18.5 Force Majeure
Neither party is liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disaster, war, terrorism, riot, labor conditions, governmental action, internet or telecommunications failure, or failure of a third-party service the Service relies on.
18.6 Notices
We may give notice to you by email to the address on your account or by posting a notice within the Service. You may give notice to us at the address in Section 19.
19. Contact
ProFinna Technologies Limited
Gulshan-1, Dhaka - 1212, Dhaka, Dhaka, Bangladesh, 1212, Bangladesh
General / legal inquiries: legal@kaikap.com
Security: support@kaikap.com
Privacy / data requests: admin@kaikap.com