Terms of Service

Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the website, applications, and services operated by Cadance Inc. ("Cadance," "we," "us," or "our"), available at cadance.site (collectively, the "Services").

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Cadance Inc. governing your access to and use of the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

1. Account Registration and Eligibility

To access certain features of the Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information as required during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security and confidentiality of your login credentials and restrict access to your account.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately at mukombambia@gmail.com if you suspect any unauthorized access to or use of your account.

You must be at least 16 years of age to use the Services. By using the Services, you represent and warrant that you meet this age requirement. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Cadance is a collaborative productivity platform that provides synchronized timer sessions, team presence features, focus analytics, and related tools designed for teams, co-working spaces, classrooms, and individual deep work. The Services may include free and paid subscription tiers, as described on our Pricing page.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Payments, Billing, and Subscriptions

3.1 Merchant of Record

All payment transactions for paid Services are processed by Polar Software Inc. ("Polar"), which acts as the Merchant of Record for all purchases and subscriptions through our platform. Polar is accessible at polar.sh. As the Merchant of Record, Polar is the seller of record for all digital products and services sold through the Services and assumes responsibility for payment processing, applicable sales tax collection, and international tax compliance.

By purchasing a paid subscription or any digital product through Cadance, you acknowledge and agree that:

• Polar processes your payment as the legal seller and is the entity that charges your Payment Method.
• Your purchase is subject to Polar's Terms of Use in addition to these Terms.
• Polar utilizes third-party payment service providers, including Stripe, Inc., and your payment may be subject to the terms and conditions of such providers.
• All prices displayed on the Services are subject to applicable taxes, which Polar calculates and collects on behalf of the applicable tax authorities.

3.2 Subscription Terms

Paid subscriptions automatically renew at the end of each billing cycle (monthly or annually, as selected) unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings. Upon cancellation:

• Your subscription will remain active until the end of the current billing period.
• You will retain access to paid features until the expiry of the paid term.
• Your account will be downgraded to the free tier upon expiry.
• No prorated refunds will be issued for the remaining unused portion of the current billing cycle.

3.3 Price Changes

We reserve the right to change the fees for our paid Services at any time. If we change our pricing, we will provide you with at least thirty (30) days' prior notice before the new pricing takes effect. Your continued use of the paid Services after the new pricing becomes effective constitutes your agreement to the updated pricing. If you do not agree to the new pricing, you may cancel your subscription before the new pricing takes effect.

4. Refund Policy

We want you to be satisfied with our Services. This Section sets forth our refund policy in its entirety:

4.1 Subscription Refunds

Given access to the Services is granted immediately upon purchase, refund eligibility is as follows:

• Within 14 Days of Initial Purchase: If you are not satisfied with your paid subscription, you may request a full refund within fourteen (14) calendar days of your initial subscription purchase, provided you have not substantially used the paid features during that period. Refund requests must be submitted to mukombambia@gmail.com.
• After 14 Days: Refund requests submitted after fourteen (14) days from the date of purchase will be reviewed on a case-by-case basis and are granted at our sole discretion.
• Renewal Charges: Refunds for automatic renewal charges may be issued if you contact us within seven (7) days of the renewal charge date, provided you have not used any paid features during the renewal period.

4.2 Refund Process

All refunds are processed by Polar as the Merchant of Record. Approved refunds will be issued to the original Payment Method used for the purchase. Please allow up to ten (10) business days for the refund to appear on your statement, depending on your financial institution.

Please note the following regarding refunds:

• Polar may retain initial transaction fees charged by credit card networks and payment service providers, which are non-refundable.
• Polar reserves the right to issue refunds at its own discretion up to sixty (60) days after a purchase to proactively reduce disputes and chargebacks.
• Disputed transactions (chargebacks) may incur a fee of up to $15.00 USD per dispute, which may be deducted from any refund amount.

4.3 Non-Refundable Items

The following are not eligible for refunds:

• Partial billing periods remaining after voluntary cancellation.
• Accounts terminated for violation of these Terms.
• Free trial conversions where cancellation was not completed before the trial period ended.
• Service fees and transaction charges as described in Section 3.1.

4.4 Cancellation

You may cancel your subscription at any time. Upon cancellation, you will continue to have access to paid features until the end of your current billing period. We encourage users to cancel through their account settings to ensure timely processing. You may also request cancellation by emailing mukombambia@gmail.com.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with these Terms. Without limiting the foregoing, you agree not to:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
• Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
• Transmit any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation.
• Impersonate or attempt to impersonate Cadance, a Cadance employee, another user, or any other person or entity.
• Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Services, or that may harm Cadance or its users.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are hosted, or any server, computer, or database connected to the Services.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services or any part thereof.

6. Intellectual Property Rights

The Services and all content, features, and functionality thereof (including but not limited to all information, software, source code, text, displays, images, video, audio, design, selection, and arrangement) are owned by Cadance Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes, subject to these Terms.

7. User Content

You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant Cadance a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such User Content solely for the purpose of providing and improving the Services.

You represent and warrant that you own or have the necessary rights to submit User Content and that your User Content does not violate any third-party rights, including intellectual property rights and rights of privacy.

8. Disclaimers

9. Limitation of Liability

10. Indemnification

You agree to defend, indemnify, and hold harmless Cadance Inc. and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your User Content; or (d) your violation of any rights of a third party.

11. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination:

• Your right to use the Services will immediately cease.
• We may delete your account and User Content at our discretion.
• Any accrued rights and obligations, and any provisions that by their nature should survive termination, shall survive—including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You may terminate your account at any time by contacting us at mukombambia@gmail.com. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English and the arbitral award shall be final and binding.

YOU AND Cadance AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of these Terms and, where required by law, provide you with additional notice (e.g., via email or an in-app notification).

Your continued use of the Services after any modifications to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services and may terminate your account.

14. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.

No waiver by Cadance of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cadance to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by Cadance on the Services, constitute the entire agreement between you and Cadance regarding the use of the Services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

16. Contact Us

If you have any questions, concerns, or disputes regarding these Terms, please contact us: