Terms of Use

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “Subscriber,” or “you”) and Khaya Corp., a California limited liability company doing business as LINEMIND (“LINEMIND,” “we,” “us,” or “our”), governing your access to and use of the LINEMIND platform, including all associated software, features, integrations, data outputs, and services (collectively, the “Service”).

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A BUSINESS ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS.

1. Eligibility and Account Registration

1.1 You must be at least 18 years of age and have the legal authority to enter into a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

1.2 You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account.

1.3 LINEMIND reserves the right to refuse registration or terminate accounts at its sole discretion.

2. Description of Service

LINEMIND is a business intelligence platform designed for food and beverage operators and institutional buyers. The Service provides operational analytics, demand forecasting, labor optimization insights, and performance reporting by integrating with third-party platforms including, but not limited to, Lightspeed POS and 7shifts (collectively, “Third-Party Integrations”).

The Service includes, without limitation:

• Cross-signal operational analysis drawing from point-of-sale and labor scheduling data
• A proprietary Restaurant Health Score and related performance metrics
• Demand forecasting and staffing recommendations
• Institutional due diligence and reporting tools (available under separate terms where applicable)

3. Third-Party Integrations and Data Authorization

3.1 To use the Service, you must authorize LINEMIND to access data from your connected third-party accounts (e.g., Lightspeed POS, 7shifts). By granting such access, you represent that you have the right and authority to share that data with LINEMIND.

3.2 LINEMIND is not responsible for the availability, accuracy, or conduct of any Third-Party Integration. Your use of third-party platforms is governed by their respective terms of service and privacy policies.

3.3 You may revoke third-party data access at any time through your account settings or by contacting us. Revoking access may limit the functionality of the Service.

3.4 Customer Responsibility for Third-Party Accounts. Customer is solely responsible for obtaining, maintaining, and complying with all accounts, subscriptions, licenses, permissions, credentials, consents, and authorizations required to connect any Third-Party Integration to the Service. Customer is also responsible for ensuring that its use of each Third-Party Integration complies with the applicable third-party provider’s terms, policies, technical requirements, and access rules.

3.5 Third-Party API Changes and Limitations. Customer acknowledges that Third-Party Integrations are not controlled by LINEMIND and may be modified, limited, suspended, restricted, or discontinued by the applicable third-party provider at any time. Such changes may include changes to APIs, data schemas, data fields, authentication requirements, rate limits, permission scopes, webhook functionality, reporting formats, pricing, access rules, or available data.

3.6 Effect of Third-Party Platform Changes. LINEMIND is not responsible for any interruption, degradation, loss of functionality, inaccurate output, incomplete report, delayed report, unavailable data, or other Service limitation caused by or resulting from any Third-Party Integration, including any third-party outage, error, API change, rate limit, access restriction, permission change, data-format change, discontinued feature, revoked authorization, or failure to transmit complete or accurate data.

3.7 Customer Authorization and Consents. Customer represents and warrants that it has obtained and will maintain all rights, consents, permissions, and authorizations necessary for LINEMIND to access, receive, process, analyze, store, and use data from each Third-Party Integration in connection with the Service. Customer further represents that no Customer Data or Third-Party Platform Data provided or made available to LINEMIND will violate any applicable law, third-party agreement, third-party platform terms, or rights of any third party.

4. Subscription, Fees, and Payment

4.1 Access to the Service requires a paid subscription. Current pricing is available at linemind.ai/pricing and is subject to change with 30 days’ written notice to active subscribers.

4.2 Subscriptions are billed on a monthly or annual basis, as selected at sign-up. All fees are non-refundable except as expressly provided in these Terms or required by applicable law.

4.3 If payment fails, LINEMIND may suspend or terminate your access to the Service after reasonable notice. You remain responsible for all outstanding fees.

4.4 LINEMIND may offer promotional pricing, trial periods, or pilot access at its discretion. Such arrangements are subject to separate terms communicated at time of offer.

4.5 Subscription Term and Renewal. Each subscription begins on the date Customer first obtains paid access to the Service and continues for the initial subscription term selected at sign-up. If the subscription is designated as automatically renewing, it will renew for successive renewal terms of the same length unless Customer cancels before the renewal date in accordance with these Terms.

4.6 Automatic Renewal Disclosures and Consent. Before Customer is charged for any automatically renewing subscription or continuous service, LINEMIND will disclose the material automatic-renewal terms, including the recurring charges, billing frequency, renewal term, cancellation policy, and how to cancel. LINEMIND will obtain Customer’s express affirmative consent to the automatic-renewal or continuous-service terms before charging Customer’s payment method.

4.7 Consent Records. LINEMIND may maintain records verifying Customer’s consent to automatic-renewal or continuous-service terms, including the date, time, method, IP address, account identifier, version of terms accepted, checkout flow, checkbox selection, electronic signature, or other commercially reasonable evidence of consent.

4.8 Renewal Reminders. LINEMIND will provide a renewal reminder before the applicable renewal date. The reminder may be provided by email, account notice, or other legally permitted method and will include the material renewal terms and cancellation instructions.

4.9 Fee Changes. LINEMIND may change subscription fees as provided in these Terms. LINEMIND will provide advance notice of a fee change before the change takes effect, including the new fee and instructions for cancellation.

4.10 Taxes. Fees are exclusive of taxes, assessments, duties, levies, and similar governmental charges, including sales, use, value-added, goods and services, withholding, and similar taxes. Customer is responsible for all such taxes, except for taxes based on LINEMIND’s income, property, or employees. If LINEMIND is required to collect or remit taxes, LINEMIND may invoice Customer for such amounts unless Customer provides a valid exemption certificate.

4.11 Late Payments; Chargebacks. If any undisputed amount is not paid when due, LINEMIND may charge interest on the overdue amount at the lesser of 1.5% per month or the maximum rate permitted by law, plus any reasonable costs of collection. Customer may not initiate a chargeback or payment reversal for amounts validly owed under these Terms without first providing LINEMIND a reasonable opportunity to resolve the billing dispute.

4.12 Invoice Disputes. Customer must notify LINEMIND in writing of any good-faith dispute regarding an invoice within fifteen days after the invoice date. The notice must reasonably describe the disputed amount and the basis for the dispute. Customer remains responsible for timely payment of all undisputed amounts. If Customer does not provide timely written notice of a billing dispute, the invoice will be deemed accepted, except to the extent prohibited by applicable law.

5. Acceptable Use

5.1 You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Reverse engineer, decompile, or attempt to extract source code from the Service
• Use the Service to transmit malicious code, conduct automated scraping, or interfere with the Service's infrastructure
• Share your account credentials with unauthorized third parties
• Use the Service to violate any applicable law, regulation, or third-party right
• Misrepresent your identity or affiliation when using the Service

5.2 LINEMIND reserves the right to suspend or terminate accounts that violate these Terms, with or without prior notice depending on the severity of the violation.

6. Proprietary Rights and Intellectual Property

6.1 All rights, title, and interest in and to the Service — including all software, algorithms, models, methodologies, visual elements, and content — are owned by Khaya Corp. or its licensors. These Terms do not convey any ownership interest in the Service.

6.2 Subject to your compliance with these Terms and payment of applicable fees, LINEMIND grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business operations.

6.3 Definitions. For purposes of these Terms:

(a) “Customer Data” means data, information, records, files, reports, transaction data, sales data, menu data, labor data, staffing data, scheduling data, financial data, operational data, and other content submitted, uploaded, connected, transmitted, or otherwise made available to LINEMIND by or on behalf of Subscriber or its authorized users.

(b) “Third-Party Platform Data” means Customer Data obtained by LINEMIND from third-party platforms, systems, or integrations authorized by Subscriber, including point-of-sale systems, labor scheduling systems, accounting systems, inventory systems, or other third-party software platforms.

(c) “Usage Data” means technical, diagnostic, performance, and usage information relating to access to and use of the Service, including log data, feature usage, system activity, error reports, performance data, and similar information, but excluding Customer Data.

(d) “Aggregated Data” means data or information that has been combined with data or information from other customers, users, or sources and does not identify Subscriber, any authorized user, or any specific restaurant location.

(e) “De-Identified Data” means data that has been processed to remove or obscure identifiers so that it does not reasonably identify Subscriber, any authorized user, or any specific restaurant location.

(f) “Derived Insights” means analytics, scores, forecasts, benchmarks, models, recommendations, classifications, trends, predictions, reports, learnings, know-how, or other outputs generated by or through the Service from Customer Data, Third-Party Platform Data, Usage Data, Aggregated Data, De-Identified Data, or other data sources.

6.4 Customer Data Ownership. As between Subscriber and LINEMIND, Subscriber retains all right, title, and interest in and to Customer Data and Third-Party Platform Data in the form provided to or accessed by LINEMIND. Except for the limited rights expressly granted in these Terms, LINEMIND does not acquire ownership of Subscriber’s raw Customer Data or raw Third-Party Platform Data.

6.5 License to Customer Data. Subscriber grants LINEMIND a non-exclusive, worldwide, royalty-free license to access, collect, receive, host, copy, process, transmit, display, analyze, and use Customer Data and Third-Party Platform Data as reasonably necessary to: (a) provide, operate, maintain, support, and improve the Service; (b) generate analytics, forecasts, reports, dashboards, scores, recommendations, benchmarks, and other Service outputs; (c) troubleshoot, secure, and monitor the Service; (d) comply with applicable law and enforce these Terms; and (e) exercise LINEMIND’s rights with respect to Aggregated Data, De-Identified Data, Usage Data, and Derived Insights as described in these Terms.

6.6 LINEMIND Technology and Platform IP. Subscriber acknowledges that LINEMIND owns and retains all right, title, and interest in and to the Service and LINEMIND’s technology, including its software, source code, object code, algorithms, models, methodologies, workflows, interfaces, dashboards, visualizations, scoring systems, forecasting systems, Restaurant Health Score, templates, know-how, product designs, improvements, modifications, and other proprietary technology or materials, whether developed before or during Subscriber’s use of the Service.

6.7 Aggregated, De-Identified, and Usage Data. LINEMIND may collect, create, use, retain, disclose, and commercialize Aggregated Data, De-Identified Data, and Usage Data for any lawful business purpose, including product development, benchmarking, analytics, forecasting, model improvement, industry research, performance monitoring, security, and Service improvement, provided that such data does not identify Subscriber, any authorized user, or any specific restaurant location.

6.8 Derived Insights. As between Subscriber and LINEMIND, LINEMIND owns all Derived Insights, except to the extent such Derived Insights disclose or consist of Subscriber’s raw Customer Data or raw Third-Party Platform Data in an identifiable form. LINEMIND may use Derived Insights to operate, improve, train, develop, validate, and commercialize its products, services, analytics, models, benchmarks, and forecasting tools, provided that LINEMIND will not disclose Subscriber’s identifiable Customer Data or identifiable Third-Party Platform Data to third parties except as permitted by these Terms, the Privacy Policy, an applicable order form, or Subscriber’s written authorization.

6.9 No Customer Identification Without Consent. LINEMIND will not publicly identify Subscriber as a customer, disclose Subscriber’s identifiable business data, or disclose performance metrics specific to Subscriber or any specific restaurant location in a manner that identifies Subscriber without Subscriber’s prior consent, except as necessary to provide the Service, comply with law, enforce these Terms, or as otherwise permitted in an applicable order form.

6.10 Feedback. If Subscriber or any authorized user provides suggestions, comments, ideas, enhancement requests, recommendations, or other feedback regarding the Service, Subscriber grants LINEMIND a perpetual, irrevocable, worldwide, royalty-free right to use, disclose, reproduce, license, distribute, and otherwise exploit such feedback without restriction or compensation, provided that LINEMIND will not disclose Subscriber’s confidential information in doing so.

7. Confidentiality

Each party acknowledges that in connection with the Service, it may receive confidential information belonging to the other party. Each party agrees to hold such information in strict confidence, not to disclose it to third parties without prior written consent, and to use it solely in connection with the Service. This obligation survives termination of these Terms for a period of three (3) years.

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” LINEMIND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LINEMIND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE INSIGHTS GENERATED WILL BE ACCURATE OR COMPLETE.

LINEMIND’s analytics and recommendations are informational tools and do not constitute financial, legal, or operational advice. You are solely responsible for decisions made on the basis of Service outputs.

Forecasting and Analytical Outputs. Customer acknowledges that any forecasts, scores, recommendations, benchmarks, reports, projections, classifications, alerts, rankings, or other outputs generated by the Service are estimates only and are based on available data, assumptions, statistical methods, historical patterns, third-party data, and other inputs that may be incomplete, inaccurate, delayed, or subject to change.

No Guaranteed Business Outcomes. LINEMIND does not guarantee that use of the Service will result in increased revenue, reduced labor costs, improved profitability, improved operational performance, better staffing decisions, improved purchasing decisions, increased enterprise value, successful financing, successful acquisition activity, or any other business, financial, operational, or commercial outcome.

Customer Responsibility for Business Decisions. Customer is solely responsible for independently reviewing, validating, and determining whether to rely on any Service output. Customer remains solely responsible for all business decisions and actions, including staffing, scheduling, purchasing, inventory, pricing, budgeting, hiring, financing, lending, investment, acquisition, sale, operational, and strategic decisions.

Factors Affecting Outputs. Customer acknowledges that Service outputs may be affected by factors outside LINEMIND’s control, including incomplete or inaccurate Customer Data, third-party platform errors, API limitations, delayed data feeds, unusual sales patterns, seasonality, holidays, local events, weather, labor availability, customer behavior, supply-chain disruptions, pricing changes, menu changes, promotions, macroeconomic conditions, and other operational or market variables.

No Duty to Verify Customer or Third-Party Data. LINEMIND has no obligation to independently verify the accuracy, completeness, legality, or reliability of Customer Data or data received from Third-Party Integrations. Customer is responsible for reviewing the underlying data and Service outputs before making any business decision based on them.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Khaya Corp. AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LINEMIND’S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO LINEMIND IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless Khaya Corp., its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your breach of these Terms; or (c) your violation of any third-party right, including rights under any Third-Party Integration.

11. Term and Termination

11.1 These Terms remain in effect for as long as you maintain an active subscription or account with LINEMIND.

11.2 You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

11.3 LINEMIND may terminate or suspend your access for material breach of these Terms, non-payment, or if required by applicable law. Upon termination, your license to use the Service ceases immediately.

11.4 Sections 6, 7, 8, 9, 10, and 13 survive termination.

12. Modifications to the Service and Terms

LINEMIND reserves the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

LINEMIND may also modify, discontinue, or update features of the Service at any time, with reasonable notice where practicable.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by JAMS in Los Angeles County, California, under its Streamlined Arbitration Rules. Each party waives the right to participate in class-action proceedings.

Nothing in this section prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction.

14. Miscellaneous

14.1 Entire Agreement. These Terms, together with the Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and LINEMIND with respect to the Service.

14.2 Severability. If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver. Failure to enforce any provision shall not constitute a waiver of future enforcement rights.

14.4 Assignment.You may not assign these Terms without LINEMIND's prior written consent. LINEMIND may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure. Neither party shall be liable for delays or failures caused by events beyond their reasonable control.

15. Contact

For questions about these Terms, please contact: