Kaigen Terms of Service
Last updated: September 25, 2026
These Terms of Service (the "Terms") are between 16456383 Canada Inc., a corporation incorporated under the laws of Canada, doing business as Kaigen, with offices in Burnaby, British Columbia ("Kaigen", "we", "us"), and you ("you"). They govern your use of our website at kaigen3d.com, our signup, scheduling and communication services, and our community channels (together, the "Services").
By using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent that you have the authority to bind it, and "you" refers to that organization.
1. How our terms fit together
1.1 These Terms govern the Services.
1.2 The Kaigen Closed Beta License Agreement (the "Beta Agreement") governs your use of Kaigen Studio, the Kaigen engine and runtime, and all related software and documentation (the "Kaigen Software"). If these Terms conflict with the Beta Agreement, the Beta Agreement governs your use of the Kaigen Software.
1.3 Our Privacy Policy explains how we handle personal information.
1.4 Commercial licenses and other written agreements signed with Kaigen prevail over these Terms and the Beta Agreement for the matters they cover.
2. Eligibility
You must be at least 18 years old, or the age of majority where you live, whichever is higher, to use the Services.
3. Using the Services
3.1 You will provide accurate information when you sign up for the closed beta, book a call, or otherwise use the Services, and will keep it up to date.
3.2 Signing up for the closed beta does not guarantee access. Kaigen issues License Keys at its sole discretion.
3.3 You are responsible for keeping your License Key and any account credentials confidential, and for all activity under them.
4. Acceptable use
You will not, and will not attempt to:
- (a) use the Services in violation of any applicable law, or to infringe or misappropriate the rights of others;
- (b) access, scrape, crawl or extract content or data from the Services by automated means, except as permitted by the Beta Agreement or with our written consent;
- (c) interfere with, disrupt, overload or attempt to gain unauthorized access to the Services, our systems or networks;
- (d) probe, scan or test the vulnerability of the Services without our written consent;
- (e) upload or transmit malware or any other harmful code;
- (f) impersonate any person or organization, or misrepresent your affiliation with anyone;
- (g) harass, abuse, threaten or harm others, or post unlawful, hateful or sexually explicit content in our community channels; or
- (h) share License Keys, the Kaigen Software or non-public documentation through the Services or our community channels.
5. Community channels
5.1 Kaigen may operate community channels, including a Discord server. Your use of them is also subject to the terms of the platform that hosts them.
5.2 Kaigen may moderate community channels, remove content, and suspend or remove members at its discretion.
5.3 Community channels are provided for discussion and are not a support commitment. Anything you post in them may be seen by other members and is not confidential.
6. Your content and feedback
6.1 You retain ownership of the content you submit through the Services, including messages and materials you send us.
6.2 You grant Kaigen a non-exclusive, worldwide, royalty-free license to use, store and reproduce that content as needed to operate the Services and respond to you.
6.3 Feedback you provide about Kaigen or the Kaigen Software is governed by the feedback provisions of the Beta Agreement. Where the Beta Agreement does not apply, you grant Kaigen a perpetual, irrevocable, worldwide, royalty-free license to use any feedback for any purpose, without obligation to you, and, to the extent permitted by law, waive any moral rights in it.
7. Kaigen's intellectual property
7.1 The Services, including all text, graphics, videos, demos, software and other content on them, and the Kaigen name, logos and trademarks, are owned by Kaigen or its licensors and are protected by intellectual property laws.
7.2 You may view and use the Services for their intended purpose. You may not copy, modify, distribute or create derivative works from them, or use Kaigen's name, logos or trademarks, except as permitted by these Terms, the Beta Agreement, or Kaigen's prior written consent.
8. Third-party services
The Services may link to or integrate with third-party websites and services, including scheduling and community platforms. Kaigen does not control them and is not responsible for their content, terms or privacy practices.
9. Disclaimer of warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAIGEN MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED.
10. Limitation of liability
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KAIGEN OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE OR LOST PROFITS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF CAUSED BY THE NEGLIGENCE OF KAIGEN, EVEN IF KAIGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY WERE REASONABLY FORESEEABLE, AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, WARRANTY, STRICT LIABILITY OR PRODUCT LIABILITY.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF KAIGEN AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID KAIGEN FOR THE SERVICES AND ONE HUNDRED CANADIAN DOLLARS (CAD $100).
10.3 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.
11. Indemnity
You will indemnify, defend and hold harmless Kaigen and its affiliates, directors, officers, employees and contractors from and against all claims, demands, losses, liabilities, damages, costs and expenses, including reasonable legal fees, arising from your breach of these Terms or your misuse of the Services.
12. Suspension and termination
Kaigen may suspend or terminate your access to the Services at any time, with or without cause or notice. You may stop using the Services at any time. Sections 6 to 11 and 13 to 15, and any other provision that by its nature is intended to survive, survive termination.
13. Changes to the Services and these Terms
13.1 Kaigen may change, suspend or discontinue any part of the Services at any time.
13.2 Kaigen may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, for material changes, notify you by email or through the Services. Your continued use of the Services after the changes take effect constitutes your acceptance of them.
14. Governing law and jurisdiction
These Terms are governed by and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in it. The courts located in Vancouver, British Columbia have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Services, except that Kaigen may seek injunctive relief in any court of competent jurisdiction, and except where applicable consumer protection law gives you the right to bring a claim elsewhere.
15. General
15.1 Entire agreement. These Terms, together with the Beta Agreement and the Privacy Policy, are the entire agreement between you and Kaigen about the Services and supersede all prior agreements and understandings on that subject.
15.2 Assignment. You may not assign or transfer these Terms without Kaigen's prior written consent. Kaigen may assign these Terms without notice to or consent from you.
15.3 Severability. If any provision of these Terms is held invalid or unenforceable, it will be severed or enforced to the maximum extent permitted, and the remainder of these Terms will continue in full force and effect.
15.4 No waiver. No waiver of any breach is effective unless in writing, and any waiver extends only to the particular breach waived.
15.5 Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Kaigen.
15.6 Force majeure. Kaigen is not liable for any delay or failure to perform caused by events beyond its reasonable control.
15.7 Notices. Kaigen may give notice to the email address you have provided, or through the Services. You may give notice to hello@kaigen3d.com.
15.8 Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont exigé que les présentes conditions et tous les documents connexes soient rédigés en anglais.
Contact: 16456383 Canada Inc., doing business as Kaigen, Burnaby, British Columbia, Canada. hello@kaigen3d.com