Plain language terms.

1. The agreement

These Terms of Service (“Terms”) form a legally binding contract between the business you represent (“you,” “your,” or “Customer”) and Kellan (“we,” “us,” or “our”), operated by Michael Kovich.

By creating an account, accessing, or subscribing to Kellan, you agree to these Terms, our Privacy Policy, and our Refund Policy. If you do not agree, do not access or use Kellan.

2. What Kellan is

Kellan is a stock-check and follow-through application for independent cafés, food trucks, bakeries, and food businesses. It helps a business organize supplies, complete stock checks, review low-stock actions, prepare supplier-ready order drafts, assign follow-through, and retain an operational history.

3. Eligibility and team accounts

Authority to bind. You represent and warrant that you are at least 18 years old and have the legal authority to bind the business entity you represent to these Terms.

Account ownership. The person who creates the business account is designated the Account Owner. The Account Owner controls invitations, business data, and the subscription relationship.

Staff and employee data. When you invite team members or enter staff names and email addresses to assign work, you represent and warrant that you have all necessary rights, permissions, and consents under applicable labor and privacy laws to enter that information into Kellan.

Account security. You are responsible for safeguarding your login credentials and email access. Please notify us immediately at hello@usekellan.com if you suspect any unauthorized access.

4. Subscriptions, renewal, and cancellation

Price and renewal. Kellan costs $19 USD per month for one business account. Team access and concierge spreadsheet setup are included. The subscription is billed in advance and renews automatically each month unless cancelled before the next billing date. Applicable taxes are calculated at checkout.

Payment processing and Merchant of Record. Paddle.com is the Merchant of Record for Kellan subscriptions. Paddle conducts the order process and handles payment, applicable tax collection, receipts, buyer payment support, and returns. By subscribing, you authorize Paddle to charge your selected payment method each month under the terms shown at checkout.

Cancellation. You can cancel at any time through Paddle’s customer billing portal. Ordinary cancellation stops the next renewal. Your paid access continues until the end of the current prepaid billing period unless a refund, chargeback, legal requirement, or security action requires a different result.

30-day guarantee. Your first subscription payment is covered by Kellan’s 30-day money-back guarantee, subject to the Refund Policy. The guarantee is available once per customer or business. Renewals are not covered by the introductory guarantee except where required by law or when Kellan or Paddle made a billing error.

Access after payment. Kellan provides account access after Paddle confirms a successful purchase. A past-due subscription remains usable while Paddle retries payment, and a scheduled cancellation remains fully usable through the paid period. After an ordinary cancellation, Kellan provides 30 days of read-only access for review, export, support, and deletion. After a full refund, that read-only period is 14 days. An active chargeback, fraud or abuse concern, or security investigation may immediately restrict operational data while preserving sign-in, billing resolution, support, and deletion paths.

Price adjustments. If we ever adjust subscription pricing, we will give you at least 30 days’ advance written notice by email. Continued use of Kellan after the effective date constitutes agreement to the updated price.

5. Operational disclaimers & expectations

We ask that you use Kellan for honest business operations, subject to these essential operational boundaries:

Arithmetic tool, not a purchasing agent. Kellan uses straightforward arithmetic to suggest order quantities and highlight low supplies based on the numbers you enter. It is not an automated purchasing agent and does not place vendor orders on its own. You are strictly responsible for verifying on-hand inventory, checking vendor order cutoffs, and placing your own orders.

No certified food safety or regulatory monitoring. Kellan is not a certified HACCP system, health inspection audit tool, medical tracker, or allergen isolation system. You remain solely responsible for local health department compliance, food handling, storage temperatures, and customer safety.

Offline operation and data sync. Kellan stores an operational copy locally on your device so a loaded stock check can continue without internet access. You acknowledge that syncing changes across team members requires an active connection, and we are not liable for count discrepancies, delayed sync updates, or conflict decisions arising from intermittent connectivity or simultaneous offline edits across multiple devices.

Prohibited activities. You agree not to: (a) probe, scrape, reverse engineer, or decompile the software; (b) attempt to access other customer accounts; (c) disrupt the service for other users; or (d) resell access to third parties.

6. Your data & our intellectual property

Your data is yours. You own everything you enter into Kellan—business details, supply lists, suppliers, counts, level settings, notes, assignments, and operational history (“Customer Data”). We claim no ownership over your business records.

Limited license to us. You grant us a limited, worldwide, non-exclusive license solely to host, copy, transmit, and process your Customer Data as necessary to deliver, maintain, and support the service for your business.

Our intellectual property. Kellan and its operators retain all rights, title, and interest in and to the software, website, user interface, brand assets, design tokens, algorithms, and documentation.

Feedback and suggestions. If you choose to send us suggestions, feature requests, or operational ideas, you grant us an unrestricted, perpetual, royalty-free license to use, incorporate, and commercialize them into Kellan without any obligation, attribution, or compensation to you.

7. Service changes, suspension, and termination

Our efforts. We use commercially reasonable efforts to keep Kellan fast, dependable, and reliable. The application stores an operational copy on your device so a loaded stock check can continue if the connection drops.

Suspension or termination by us. We reserve the right to suspend or terminate your access immediately if you breach these Terms, fail to pay subscription fees, engage in fraudulent or abusive conduct, or if your continued use poses a security or legal risk to the service.

Discontinuation. You can stop using Kellan at any time. If we ever discontinue the service, we commit to providing at least 60 days’ advance notice and an export tool so you can download all your records.

8. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KELLAN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL PREVENT FOOD SPOILAGE, INVENTORY SHORTAGES, VENDOR CUTOFF DISCREPANCIES, OR DATA SYNC CONFLICTS ARISING FROM OFFLINE USAGE.

9. Limitation of liability (Damage cap)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. NO INDIRECT DAMAGES. IN NO EVENT WILL KELLAN, ITS OPERATORS, AFFILIATES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, INVENTORY SPOILAGE, REPUTATIONAL DAMAGE, OR MISSED VENDOR ORDERS, REGARDLESS OF THE LEGAL THEORY.

2. TOTAL LIABILITY CAP. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF KELLAN WILL NEVER EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU FOR YOUR SUBSCRIPTION TO KELLAN (WHETHER PAID DIRECTLY OR THROUGH OUR MERCHANT OF RECORD) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless Kellan, its operators, officers, and contractors from and against any third-party claims, liabilities, damages, losses, and legal expenses arising out of or relating to: (a) your use of the service; (b) Customer Data entered by you or your team (including employee records); (c) your violation of these Terms; or (d) any dispute between your business and your suppliers, customers, or employees.

11. Governing law, venue, and dispute resolution

Governing law and venue. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. Any legal action or dispute that cannot be resolved informally must be brought exclusively in the state or federal courts located in Carbon County, Pennsylvania.

CLASS ACTION WAIVER. YOU AND KELLAN AGREE THAT ALL CLAIMS MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

MUTUAL JURY TRIAL WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND KELLAN MUTUALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

12. General provisions

Entire agreement. These Terms, our Privacy Policy, and our Refund Policy constitute the entire agreement between you and Kellan regarding the service.

Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver. A failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, in connection with a corporate reorganization, merger, acquisition, or transfer of business assets without restriction.

Force majeure. We are not liable for any delay or failure in performance resulting from events beyond our reasonable control, including internet outages, utility failures, or natural disasters.

Modifications to Terms. We may update these Terms from time to time to reflect changes in our service or the law. For non-material changes, updating the “Last updated” date at the top of this page constitutes notice. If we make material changes that substantially alter your rights or obligations, we will use reasonable efforts to provide advance notice by email or through the service. Your continued use of Kellan after updated Terms become effective constitutes your acceptance.

13. Contact

Have questions or need assistance with your subscription? Reach out anytime:

Email: hello@usekellan.com
Phone: (267) 375-9997
Postal mail:
Kellan
PO Box 183
Jim Thorpe, PA 18229