Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and NYD&Co Pty Ltd(ACN 676 409 868, ABN 11 676 409 868), a company registered in Victoria, Australia (“Kadens”, “we”, “us”), governing your access to and use of the Kadens platform, websites and mobile apps (the “Service”). By creating an account, or by accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of a business or other organisation, you confirm you have authority to bind that organisation, and “you” includes that organisation.

• Performer — a DJ, MC, band or crew member who offers services through the Service.
• Booker — a person or business who books or rosters Performers (including agencies, venues and promoters).
• Client — a couple, host or event buyer who engages a Performer and may access the Service via a secure link.
• Booking — an engagement of a Performer arranged through the Service.
• Content — anything users submit or upload, including profiles, run sheets, messages, ratings and reviews.

You must be at least 18 years old to use the Service, create a Booking, or make a payment. By using the Service you confirm you are 18 or over. You are responsible for your account credentials and for all activity under your account. Provide accurate information and keep it up to date, and notify us promptly of any unauthorised use.

Kadens is a booking and event-execution platform: a booking inbox, calendar, public profile pages and client management; and — on paid plans — contracts and e-signature, run sheets, a live day-of console, approvals, and related tools. Free accounts include unlimited gigs in your calendar and up to 2 gigs with the full client-management workflow at a time; promoter and venue (booker) features are free. Plan inclusions and prices are listed at /pricing and in the app, and those listings form part of these terms.

Kadens provides software that lets Performers, Bookers and Clients arrange, coordinate and run events. Kadens is a platform and intermediary only. Where a Booking is arranged through the Service, the resulting agreement for the performance and its terms is directly between the Performer and the Booker (or Client). Kadens is not a party to that agreement, is not the employer or agent of any Performer, and does not provide entertainment services itself.

We do not control and are not responsible for the conduct, performance, quality, timing, legality or safety of any Performer, Booker, Client, event or venue. Any dispute about a Booking or a performance is between the parties to it. We may, but are not obliged to, help facilitate a resolution.

Contracts and e-signature. Paid plans include tools to draft, send, sign and store agreements between you and your clients. Any contract created through the Service is between those parties only. Kadens is not a party to it, does not provide legal advice, and does not warrant that any template or document is suitable, complete or enforceable in your jurisdiction. Templates are a starting point, not legal advice — you are responsible for the wording of any agreement you send and for obtaining your own advice. We retain signed documents and their audit records for your account, but you should keep your own copies.

You agree not to: use the Service unlawfully or for an unlawful event; infringe others’ rights; upload malicious code; harass, defame or abuse others; misrepresent your identity or authority; scrape or reverse-engineer the Service except as permitted by law; circumvent fees; post fabricated ratings or manipulate the boards; or use the Service to send unsolicited messages except as permitted in the invitations and referrals section. You must use booking capture only on messages that were sent to you. We can suspend accounts that put other users or the platform at risk, and we’ll tell you why unless the law prevents it.

Paid subscriptions (Working DJ, Pro) bill monthly or annually through Stripe, in AUD, GST-inclusive for Australian customers, and renew automatically until cancelled. Cancel any time from the app: upgrades apply immediately and are pro-rated; downgrades and cancellations take effect at the end of the current period. Single-event licences are one-off purchases for one event. When you downgrade, nothing is deleted — your existing gigs stay visible, and past your plan’s managed limit you can’t add new managed gigs until you upgrade again. Purchases are currently made through the web; if we make purchases available through a mobile app store, that store’s billing terms will also apply. We use Stripe’s tax tooling to calculate any applicable taxes based on your billing details, and you are responsible for any other taxes that apply to you. Except where the law (including the Australian Consumer Law) requires otherwise, fees already paid are not refunded, but you keep the service for the period you paid for.

Payments through the Service are processed by Stripe. Kadens does not hold your funds. Where the Service supports Booking payments (such as deposits), those are collected and paid out through Stripe Connect to the relevant Performer’s connected Stripe account — we never take custody of Booking funds. If you receive payments through the Service, you must onboard a Stripe connected account, and you agree to the Stripe Connected Account Agreement and the Stripe Services Agreement, which are incorporated into these Terms by reference. You are responsible for keeping your Stripe account details accurate and for any information Stripe requires for identity and compliance checks. Any platform or service fee on a Booking payment is borne by the payer (the Booker or Client making the payment), not the Performer, and is disclosed at the point of the transaction before you pay.

Where the Service supports deposits or Booking payments:

• The amount, timing and conditions of any deposit are set as part of the Booking and shown before payment.
• Cancellation and no-show terms are agreed between the Performer and the Booker or Client as part of their Booking. Kadens does not set those terms and is not responsible for enforcing them, except to the extent the Service provides tooling to apply what the parties agreed.
• Refunds of Booking payments are a matter between the Performer and the Booker or Client, subject to their agreed terms and to applicable consumer law.
• If a Booking payment is reversed or charged back, the parties to the Booking are responsible for resolving it between themselves; Stripe’s rules govern the chargeback process. Any platform or service fee already charged is non-refundable on a refund or chargeback (the fee pays for facilitating the transaction, which has already been provided), except where the law requires otherwise.

Unless the Performer sets different terms for a Booking, any deposit is non-refundable once paid, and the Performer sets the cancellation and refund terms for their Booking, which are shown to the payer before payment. Kadens provides the tooling to collect deposits and apply the terms the parties agreed; Kadens does not set, guarantee or enforce those terms, and is not the merchant or supplier of the performance. Nothing in this section limits any rights that cannot be excluded under the Australian Consumer Law.

You retain ownership of your Content — bookings, run sheets, profiles, images. You grant Kadens a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display and use your Content solely to operate and provide the Service (including displaying your profile, running your events, and, where you use those features, showing your public listing). You are responsible for your Content and confirm you have the rights to submit it — including any client or third-party details you enter — and that it does not infringe others’ rights or breach any law. We may remove Content that breaches these Terms. Client-facing links you share (intake, approvals, feedback) act on your behalf.

The Service may let users leave ratings and reviews and may display public profiles or listings. Reviews must be honest, based on genuine experience, and must not be defamatory, misleading, or unlawful. By posting a review you confirm it meets these requirements. We may moderate, decline to publish, or remove reviews, but we are not obliged to monitor them and are not responsible for review content, which reflects the views of the user who posted it. If you believe a review or listing is defamatory, false or infringing, contact us at support@getkadens.com and we will consider it under our takedown process. If you use public-profile or leaderboard features, you consent to the public display of that information and can request its removal.

The Service lets you invite crew, Bookers or Clients, and may offer referrals. If you submit another person’s contact details to invite or refer them, you confirm you have that person’s consent to do so and to receive a message from us about the Service. You must not use invitations or referrals to send spam or to contact people who have not agreed to be contacted. You are responsible for your compliance with anti-spam laws (including the Spam Act 2003 (Cth), and equivalent laws such as the US CAN-SPAM Act and the GDPR/ePrivacy rules).

The Service integrates with third-party services (for example Stripe, Google, Apple, Spotify, calendar and messaging providers). Your use of those services is subject to their own terms and privacy policies. We are not responsible for third-party services, and their availability may change.

The Service, and all software, design, text, and trademarks in it (excluding your Content), are owned by Kadens or its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. You may not copy, modify, distribute, sell or lease any part of the Service except as permitted by law.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for a failure to comply with such a guarantee can be limited, it is limited (at our option) to re-supplying the service or paying the cost of re-supply. Subject to the above, the Service is provided “as is” and “as available”, and to the maximum extent permitted by law we exclude all other warranties, express or implied, including fitness for a particular purpose. We do not warrant that the Service will be uninterrupted or error-free, and we may change or retire features; if a change materially reduces a paid plan, we’ll give you reasonable notice.

To the maximum extent permitted by law, and subject to the consumer guarantees section above: we are not liable for the acts, omissions, conduct or performance of any Performer, Booker, Client or third party, or for any Booking, event or payment dispute between users; we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill; and our total aggregate liability arising out of or in connection with the Service is limited to the greater of the total amount you paid us in the 12 months before the event giving rise to the claim, or AUD $1,000. You remain responsible for running your events — Kadens is a coordination tool, not a substitute for your judgement on the night.

You may stop using the Service and close your account at any time; deletion follows the Privacy Policy. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users — for material breach, after notice; immediately for serious abuse. On termination, your right to use the Service ends, and export tools remain available for 30 days where practical. Sections that by their nature should survive (including the platform, content, intellectual property, consumer guarantees, liability and disputes sections) survive.

These Terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria. Before commencing proceedings, the parties will attempt in good faith to resolve any dispute by contacting support@getkadens.com. Nothing in this section prevents either party seeking urgent injunctive relief.

We may update these Terms from time to time. We will post the updated Terms with a new “last updated” date and, where changes are material, give you 30 days’ notice by email or in-product. Your continued use after the changes take effect means you accept the updated Terms.

These Terms are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor. Notices to you may be given in-app or by email.

NYD&Co Pty Ltd, PO Box 5793, Studfield, Victoria 3152, Australia · support@getkadens.com.