Terms of Service

Effective: July 12, 2026

1. Who we are

Kilden is operated by Freshwork S.p.A. ("Kilden", "we", "us"), based in Chile. These Terms of Service (the "Terms") govern your access to and use of the Kilden platform at kilden.io and app.kilden.io, the Kilden SDKs, and related services (together, the "Service").

2. Acceptance

By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to it. If you do not agree, do not use the Service.

3. The Service

Kilden is a customer data platform: product analytics, session replay, messaging campaigns and feature flags built on a shared event pipeline. You send data to Kilden through our SDKs and APIs, and use the panel to analyze it, target audiences, run campaigns and evaluate flags.

4. Accounts and workspaces

• You must provide accurate registration information and keep it up to date.
• You are responsible for safeguarding your credentials, API keys and identity secrets. Secret (server-side) write keys must never be exposed in browsers or client applications.
• Workspaces (teams) may have multiple members; you are responsible for who you invite and for activity that occurs under your workspace.
• You must be at least 16 years old to use the Service.

5. Your data

"Customer Data" means the data you submit to the Service, including events, user profiles (traits), session recordings and message content. As between you and us, you own your Customer Data. You grant us the rights needed to host, process, transmit and display it solely to provide and secure the Service. Our processing of personal data contained in Customer Data is described in the Privacy Policy, where we act as a processor on your behalf.

6. Your privacy obligations

You are the controller of the personal data you collect through Kilden. You agree to:

• have a lawful basis (and where required, consent) for the tracking you configure, including analytics, autocapture and session replay;
• maintain a privacy notice that discloses your use of analytics and session replay to your end users;
• use the privacy controls the SDK provides where appropriate — input masking (inputs are masked by default and passwords are always masked), data-kilden-no-capture / data-kilden-mask attributes, sampling and the opt-out API — and honor your end users' opt-out choices;
• not send Kilden special categories of personal data (such as health, biometric or payment card data) unless you have configured your instrumentation so it is not collected;
• respond to your end users' privacy requests; we will assist you as described in the Privacy Policy.

7. Sending email

If you use campaigns or messaging:

• you may only message recipients who have consented to receive your messages or whom you may lawfully contact under applicable anti-spam laws;
• suppression lists (bounces, complaints, unsubscribes) are enforced by the Service and must not be circumvented;
• we may throttle, suspend or disable sending if your bounce or complaint rates indicate abuse or put our sending reputation at risk.

8. Acceptable use

You agree not to:

• use the Service for unlawful purposes or to process data you have no right to process;
• probe, breach or circumvent security or authentication measures, or access data of other customers;
• interfere with the Service, impose unreasonable load, or work around usage limits;
• resell or provide the Service to third parties as a service bureau without our agreement;
• upload malware or use the Service to distribute it;
• misrepresent the origin of events or impersonate other people or entities.

9. Fees

During early access the Service is offered free of charge. If we introduce paid plans, current pricing will be published on kilden.io and we will give you at least 30 days' notice before any feature you actively use requires payment. Fees, when applicable, are exclusive of taxes.

10. Intellectual property

We retain all rights in the Service and our software. You retain all rights in your Customer Data. If you send us feedback or suggestions, we may use them without obligation to you.

11. Availability and changes to the Service

We work to keep the Service available, but it is provided without an uptime guarantee during early access. We may change or discontinue features; for material discontinuations we will give reasonable prior notice and, where feasible, a way to export affected Customer Data.

12. Termination

• You may stop using the Service and request deletion of your account at any time.
• We may suspend or terminate your access for material breach of these Terms; where practicable we will notify you and give you an opportunity to cure.
• After termination we will delete Customer Data from our production systems within 60 days, except data we must retain to comply with law or to honor suppression lists.

13. Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA. OUR AGGREGATE LIABILITY ARISING OUT OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) US$100 AND (B) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

15. Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Data, your messaging, or your use of the Service in violation of these Terms or applicable law.

16. Changes to these Terms

We may update these Terms. For material changes we will notify you (for example by email or a notice in the panel) at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

17. Governing law

These Terms are governed by the laws of Chile. Disputes will be resolved by the ordinary courts of Santiago, Chile, without prejudice to mandatory consumer or data protection rights that apply to you in your place of residence.

18. Contact

Freshwork S.p.A. — [email protected]