These Terms of Use (“Terms”) form a binding agreement between you and K4 (“K4”, “we”, “us”). By creating an account or using K4 Planner (or the installed app), you accept these Terms. If you use K4 on behalf of a business, you accept them on behalf of that business and confirm that you have authority to do so. Our Privacy Notice and Data Processing Agreement form part of this agreement.
The service
- K4 Planner enables you to manage your assets (boats, vehicles and other items you rent out), bookings, blocks and maintenance on a single calendar. It reserves preparation and turnover time around each booking and rejects any booking that would overlap with another.
- K4 Planner is a tool to assist you in managing your rental operations. It does not verify or ensure your compliance with applicable laws, regulations, licensing, safety equipment, insurance, crewing, inspection or tax requirements. Those remain solely your responsibility.
- When you forward booking emails or connect a calendar feed, we process that information to display the corresponding bookings on your calendar. We do not guarantee the completeness or accuracy of data originating from third-party sources; you remain responsible for verifying imported bookings.
- We endeavour to keep K4 available and reliable, but we provide the service “as is” and do not warrant uninterrupted or error-free operation. We may modify features from time to time. If we discontinue a material feature on which you rely, we will give reasonable prior notice. Early-access features may be changed or withdrawn at any time.
- Online payments, the marketplace and storefronts are not yet available. They will be subject to separate terms, which you will be required to accept before use.
Your account and use
- You must be at least 18 years of age and provide accurate information. You are responsible for safeguarding your password and any second factor. You remain responsible for all activity occurring under your account. You must notify us immediately at [email protected] if you believe someone else may have gained access.
- You must not use K4 to violate any law or the rights of others, to rent out any asset you are not entitled to rent, or to submit personal data that you have no right to share.
- You must not access accounts, data or systems that do not belong to you, probe or test our security without prior written authorisation, overload, scrape, copy or reverse-engineer the service (except to the extent permitted by law), or transmit spam or malicious code.
Owners and operators
- The owner of an asset retains final authority over it. An owner may grant an operator permission to manage the asset on a day-to-day basis (including its calendar, bookings or maintenance) for a defined period. The operator may act only within the permissions granted.
- Any commercial arrangement between owner and operator (including fees, duties and insurance) is solely between them. K4 records only the permissions each party holds within the platform. Each party remains responsible for its own actions.
- An owner may terminate an operator’s access at any time. Upon termination, the operator’s access ceases; existing bookings remain on the calendar.
Your content and data
- Content and data that you or your team submit to K4 remain your property. You grant us a limited licence to store, process and display that content solely as necessary to operate the service for you and the persons with whom you share it. You may export your data at any time.
- With respect to your customers’ personal data, you are the controller and we process such data on your behalf under our Data Processing Agreement. You confirm that you have a lawful basis to provide that data to us and that you have informed your customers of its use.
Fees and cancellation
- K4 Planner is provided free of charge during early access. Before any paid plan is introduced, its prices will be clearly displayed and you will be notified at least 30 days in advance. No fees will be charged without your agreement.
- We will provide at least 30 days’ prior notice of any price change. The new price will apply from the start of your next billing period. You may cancel before the change takes effect.
- You may cancel at any time. Once paid plans are introduced, a paid subscription continues until the end of the then-current billing period.
Suspending or closing an account
- You may close your account at any time via Privacy & data. You should download your data before closing the account. After closure we will delete or anonymise your data in accordance with our Privacy Notice.
- We may suspend or terminate an account that materially or repeatedly breaches these Terms, or where required by law. Except where prohibited by law or where a security risk exists, we will notify you of the reason and provide a reasonable opportunity to remedy the breach and export your data before termination takes effect.
Liability
- Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud. If you are a consumer, you retain all rights afforded by mandatory consumer protection law.
- Subject to the foregoing, and to the maximum extent permitted by law, we shall not be liable for loss of profits, loss of business, or any indirect, incidental or consequential loss, and our aggregate liability to you in any twelve-month period shall not exceed the greater of the fees paid by you in that period and €100.
- If you use K4 for a business, you agree to indemnify and hold us harmless from reasonable costs and losses arising from claims caused by your content, your rental activities, or your breach of these Terms.
General
- Changes. We will notify you of material changes at least 30 days in advance by email or in-app notice. You may close your account before such changes take effect. Minor wording corrections may take effect immediately.
- Our rights. K4, K4 Planner and the underlying software are owned by us or our licensors. You receive a personal, non-transferable right to use them solely in accordance with these Terms. We may use any feedback you provide without obligation to you.
- Transfer. You may not assign or transfer this agreement without our prior consent. We may transfer it to a purchaser of our business, who shall remain bound by these Terms.
- Entire agreement. These Terms, the Privacy Notice and the Data Processing Agreement constitute the entire agreement between us. If any provision is held invalid, the remaining provisions continue in full force. Failure to enforce any provision does not constitute a waiver.
- Governing law and disputes. These Terms are governed by the laws of the country in which K4 is established, and the courts of that country shall have exclusive jurisdiction, subject to any mandatory rights you may have as a consumer to bring proceedings in your country of residence. Before commencing formal proceedings, please contact us at [email protected]; we will endeavour to resolve disputes amicably.