Terms of Service

Accepting these terms

Creating a Katching account means accepting these terms. You accept them by checking the box shown next to them, before the account exists. The version and the effective date you accepted are recorded with your account, and this page always shows the version in force.

These terms come with the documents listed below, which are part of them and together form the whole agreement between you and Noviantis Inc: the privacy policy, the data processing document, the cookie policy, the acceptable use policy, the Katching Payments Terms, the refunds and cancellation policy, the subprocessor list and the AI policy.

Where a document listed above says something different from these terms about its own subject, that document wins on that subject.

The service

Katching is a subscription to an online store hosted and run for you by Noviantis Inc. It includes the storefront, the checkout, the administration dashboard and the engines that answer customer support, bring carts back, sell after purchase, run subscriptions, answer chargebacks and write the morning report. Ad budgets will join them when that engine opens.

What Katching sells is this software subscription. Katching does not sell the products of your store: you do, to your own customers, under your own name. Katching is not the seller, not an intermediary in your sale, and not the keeper of what you ship.

Your account

You open an account with an email address and a password, or with a Google account. One account belongs to one person or one company, and that holder is responsible for everything done under it. The information you give about yourself and your company is accurate, and you keep it up to date.

Keep your password to yourself, and write to hello@katching.ai if you think someone else has used it.

You must be at least eighteen years old and able to enter into a contract. Katching is a tool for a professional activity, not for a private one.

Your store and your content

Your store is yours. You are solely responsible for your products, your descriptions, your prices, your images, your policies, your taxes, your shipping, your compliance with the law where you sell, and for respecting the rights of others.

Katching does not review your store before it goes online, exercises no editorial control over it, and has no duty to monitor what you publish. That does not stop Katching from acting when it learns of something: what it can do and why is in the suspension section below.

What the Katching engines write

The engines draft replies, messages, reports and themes from the data of your store. What they produce is a proposal. You review it, you publish it or you send it, and it goes out under your responsibility. Nothing that moves money moves without your click. What is sent to a model provider and what a model is never allowed to decide are in the AI policy.

Acceptable use

What a store on Katching may not sell and may not do is in the acceptable use policy, which is part of these terms and applies to every store, whichever way it takes payments.

How your store takes payments

There are two ways for a store on Katching to take payments. Your own payment account is open to every merchant on every plan; Katching Payments is in limited availability and not currently offered to merchants.

Your own payment account, available today: you connect your own Stripe or PayPal account by entering its keys in the dashboard. You are the customer of that provider, under its own agreement with you. The money goes from your customers to your account without passing through Katching. Payout timing and fees are those of your agreement with your provider. On this rail Katching takes no commission on your sales and charges no platform fee, and it bears no responsibility for your funds, for your disputes, or for your compliance with your provider.

Through that connection, Katching creates and captures the payments of your checkout, issues the refunds you request, and reads the payments, refunds and disputes tied to your orders to show them in your dashboard and to prepare your replies.

Katching Payments, in limited availability: on that rail Katching is your payment provider, on the rails of its payment processor. Katching bears the liability for negative balances, sets your limits and your payout timing, and charges the processing fee of the processor plus a platform fee of 0.5 percent per transaction. On Katching Payments, Katching holds a reserve of 5, 10 or 15 percent of the net amount of each payment you collect. Your tier among those three is set when the rail is activated, by a risk assessment of your store. Each amount held is released to you 90 days after the payment it was taken from, payment by payment as it matures. Everything about that rail is in the Katching Payments Terms, which are published now, apply only from the day you activate the rail, and win over these terms on everything about payments on it.

The subscription and its price

The plans and their monthly prices are published on the pricing grid, visible to everyone without an account. Every price is in US dollars.

The first month costs one dollar on every plan: the invoice shows the full price of the plan and a discount that brings it to one dollar. From the second month, the plan is billed monthly at its full price, in advance, until you cancel. There is no commitment beyond the month in progress.

Your card is charged by Stripe on behalf of Noviantis Inc. The charge appears as KATCHING on your statement.

If you buy a domain name through Katching, it is billed at cost on the same invoice, for one year, as its own line. The free address your store gets on our domain is included.

How to cancel, what is refunded and what is not are in the refunds and cancellation policy.

What Katching commits to

Each line below is something the product does today. Nothing is promised here that the service does not already do.

Intellectual property

You keep every right in your content and in your data: your products, your images, your texts, your brand, your customers. You grant Noviantis Inc only the licence it needs to host your store, display it, back up what it must and run the engines you use, for as long as your store exists, and for nothing else.

Noviantis Inc keeps the platform, its base themes and its engines. A theme generated for your store is yours to use without limit, including after you leave, on that store or elsewhere.

Personal data

For the data of your customers, you are the controller and Noviantis Inc is the processor: it processes that data to run your store, on your instructions, and for nothing else. For the data of your own account, and for the risk data of Katching Payments, Noviantis Inc is the controller. What that means in practice is in the data processing document and in the privacy policy.

Suspension and closure by Katching

Katching can suspend or close a store or an account only for one of the reasons below.

How a suspension happens

Katching tells you the reason. Where the nature of the reason allows it, you are told what to correct and given a reasonable time to correct it before anything is suspended. Where it does not allow it, in particular for fraud, for a danger, or for a legal requirement, the suspension is immediate and the reason follows.

After a closure, you can ask for and receive a copy of your data for thirty days, unless the law forbids us to give it to you.

Reporting content, and takedown

If you believe a store on Katching infringes your rights, write to hello@katching.ai with the address of the store, what is infringed, the proof of your right, your contact details, and a statement that you believe in good faith that the use is not authorized. For a copyright claim in the United States, that notice follows the Digital Millennium Copyright Act.

Katching removes or disables what is reported when the notice is complete, and tells the merchant. The merchant can send a counter notice with its own contact details and its reasons; where the law provides for it, access is restored unless the claimant goes to court.

An account that files repeated bad faith notices, and a store that repeatedly infringes, are closed.

What we do not promise

The service is provided as it is. Katching does not promise a level of availability, does not promise that your store will sell, does not promise revenue, and does not promise that the engines will be right.

Katching does not take its own backups of the database of your store today, and cannot return your store alone to an earlier state. The host backs up the shared database instance every day and keeps seven days of point-in-time recovery, which protects the service and not a single store. Export what you need, and write to us when you need a copy.

Limitation of liability

The liability of Noviantis Inc under this agreement is capped at the amounts you paid it over the twelve months before the event that caused the claim.

Noviantis Inc is not liable for indirect losses, for lost revenue or profit, for lost customers, or for data you did not export. Nothing here excludes a liability that the law does not allow to be excluded.

Indemnification

You indemnify Noviantis Inc against third party claims arising from your store: your products, your content, your descriptions, your delivery, your payment disputes, your taxes and your compliance with the law. Katching tells you about such a claim, lets you take part in the defense, and does not settle it in your name without asking you.

Changes to these terms

Katching can change these terms. A change is announced thirty days before it takes effect, by email to the address of your account and by a banner in your dashboard, except where a legal or security requirement makes a shorter notice necessary, in which case the reason is given.

Continuing to use Katching after a change takes effect means accepting it. If you do not accept it, you can close your store before that date at no cost, and the refunds and cancellation policy applies.

When the terms of a payment provider change in a way that affects you, Katching passes the change on to you the same way.

Governing law and disputes

This agreement is governed by the laws of the State of Florida, United States.

Before going to court, both sides try to settle the matter in writing for thirty days. If that fails, the courts of Miami-Dade County, Florida, have jurisdiction.

If you are a merchant in a country whose law gives you rights that cannot be set aside by contract, those rights remain yours and you can rely on them.

Registered office: 8400 NW 36th Street, Suite 450, Doral, FL 33166, United States.

Other terms

Noviantis Inc can transfer this agreement to a company that takes over the service, and tells you when it does. You cannot transfer it without our written agreement.

Neither side is liable for a failure caused by an event beyond its reasonable control.

These terms and the documents they list are the whole agreement, and replace anything said before. If a clause is held invalid, the rest stays in force.

These terms exist in English and in French. In case of a difference between the two versions, the English version prevails.

Contact

Noviantis Inc, 8400 NW 36th Street, Suite 450, Doral, FL 33166, United States. Telephone +1 (786) 672-4903. For anything about these terms, your account or your store: hello@katching.ai.

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