KitAlly — Service Agreement

In effect from October 1, 2026. 1. Who this agreement is between This agreement is between you — the business that signs up for KitAlly — and DecoBench, LLC, the company that runs KitAlly. Where this agreement says "we" or "us" it means our company. Where it says "you" it means your business and everyone you give access to your account. You can reach us at hello@kitally.com, or by phone at 239-443-0601. This agreement covers the software and the payment handling we provide to you. It does not cover the separate agreement between you and your own clients and shoppers. That one is your document, not ours. You write it, you stand behind it, and nothing here changes it. If someone accepts this agreement on behalf of a business, they are confirming they are allowed to sign for that business. 2. The words we use - KitAlly — our online store platform: your stores, your clients' stores, and the orders that come in through them. - A store — an online shop we host for you or for one of your clients. - A print-on-demand store — a store that is always open and has each order made as it comes in. - An end-date store — a store with a set date to close. It takes orders until that date, and is then made as one production run. - A client — a business or group a store is for, such as a school, a team or a company. - A shopper — the person who buys something from a store. - A decorator — a shop that makes the goods for a store. It may be you, or another shop on our platform. - A fundraiser — a group that receives a share of a store's sales, set by you. 3. Accepting this agreement, and the version you accepted This is version 1 of this agreement, and it is in effect from October 1, 2026. It is binding on both of us from the moment you accept it. Every version carries a version number. We record which version you accepted, who accepted it, and when. You can read the version you accepted from inside KitAlly at any time. If we make a material change, we ask you to accept the new version. A material change is any change to what you pay, how store money moves, what we promise, who owns what, how long we keep your data, or how either of us may end this agreement. Correcting a spelling mistake or making a sentence clearer is not a material change. 4. What you pay for KitAlly KITALLY HAS NO MONTHLY SUBSCRIPTION OF ANY KIND. There is no monthly platform fee, no hosting fee, no per-store fee and no per-client fee. - A one-time onboarding fee when you start on KitAlly: $1,499 for a retail shop, free for a contract decorating shop. It is paid by card before your first store is set up, and the card is kept on file. - 3.5% of the products and decoration on every store order, as described in the next section. - The card processing cost on every card payment, passed through at what it costs: 2.9% of the payment plus 30 cents. What you charge your own clients for their store is entirely up to you. You keep every dollar of it and we take no part of it. 5. The 3.5% store order fee — exactly what it is charged on On every order placed through a store, we take 3.5% of the products and the decoration on that order. Nothing else on the order is part of that calculation. The 3.5% is NOT charged on: - sales tax - shipping - handling or an insert charge - optional personalization, such as a name or a number a shopper adds - any additional charges on the order THE 3.5% IS WORKED OUT BEFORE ANY DISCOUNT COMES OFF. The discount codes are yours. You decide who gets one and how much it takes off, so our share is taken on what the goods and the decorating came to before your code was used. A STORE THAT BILLS THE ORGANISATION OWES THE SAME SHARE. On those stores the company that owns the store is billed instead of shoppers paying at a till. Our share is the same 3.5%. THE 3.5% AND THE CARD PROCESSING COST ARE NOT GIVEN BACK WHEN A SHOPPER IS REFUNDED. A refund comes out of your share of that order. We say this plainly because it is the term most likely to cause an argument later. The 3.5% is the same whether you make the goods yourself or a decorator on the platform makes them. 6. How store money moves UNLESS YOU USE YOUR OWN CARD PROCESSING, WE TAKE THE SHOPPER'S PAYMENT AND SPLIT IT. Card payments on your stores are taken through our payment account with Stripe. We hold the money and split each order into: - our 3.5% and the card processing cost, - the decorator's charge, when another shop makes the goods (see section 8), - the sales tax, which is yours, - and the rest, which is yours. If the store is a fundraiser, the fundraiser's share is inside your part, for you to pay them (see section 9). YOU ARE PAID ON A SCHEDULE YOU CHOOSE — weekly, every two weeks, monthly, or only when you send it — into the bank account you connect through Stripe, once you are owed at least the minimum you set. A store that closes does not pay out everything it is owed until its decorator has been paid. Money for an end-date store waits until the store has closed and its decorator has charged for what it made, so that you are never paid money that belongs to the decorator. THE DECORATOR IS PAID WHEN THE GOODS SHIP. For an end-date store, the decorator is paid when every order in the production run has shipped. YOUR OWN CARD PROCESSING. If you make your own goods, or use a decorator who is not on our platform, you may connect your own Stripe account instead. Shoppers then pay straight into your account, our 3.5% is taken from each payment as it is made, and any decorator you use outside our platform is paid by you, outside KitAlly. A store whose goods are made by a decorator on our platform must use our payment handling — that protects both you and the decorator. COMPANY-BILLED STORES. A store that bills its organisation needs that organisation's card on file. Its orders are billed on the 1st and the 15th of each month. Money from those orders is released once the bill is paid. If the payment for a bill is refused, that organisation's stores stop taking orders until the bill is settled. 7. Refunds to shoppers Before an order ships, a shopper who asks is refunded in full, and the refund comes out of your share of that order. After an order ships, the shopper deals with you, and whether to refund is your decision. 8. Decorators, and what they charge WHEN ANOTHER SHOP MAKES THE GOODS, THE AGREEMENT TO MAKE THEM IS BETWEEN YOU AND THAT DECORATOR. We introduce you, carry the orders between you, and handle the money as described here. We are not a party to their work, we do not make anything ourselves, and we do not guarantee either side to the other. THE DECORATOR CHARGES ITS OWN RATE FOR THE PIECES IT ACTUALLY MAKES. - On a print-on-demand store, each order is charged at the decorator's rate for that order's quantity, when the order goes to the decorator. - On an end-date store, the whole store is charged once, when it closes, at the decorator's rate for the total number of pieces sold. Selling more brings the cost per piece down; selling few raises it. The price you set for an item is yours to set, and it is not a promise from the decorator about their cost. The charge includes the garments, the decoration, setups, handling, and shipping. Shipping is what shoppers paid for shipping on those orders; on a store picked up at one place, it is what the decorator charges to ship the box to that place. THE DECORATOR'S CHARGE IS PAID FROM THE STORE'S SALES FIRST. If a store's sales do not cover what the decorator charges, the decorator invoices you for the difference, and you pay that invoice on the terms you have with that decorator. That invoice is between you and the decorator. A decorator's quality and timing are the decorator's responsibility. Your client and your shoppers are your responsibility. If a decorator changes its rates, the costs shown on your products change with them, and the rate in effect when an order or a production run goes to the decorator is the rate charged. 9. Fundraisers On a fundraiser store you set what share of each sale goes to the fundraiser, and you can set a goal that shoppers see on the store with the total raised. The fundraiser's share is part of the money paid to you. YOU PAY THE FUNDRAISER, on the schedule you choose, and you record those payments in KitAlly so the totals stay right. We are not a party to your arrangement with the fundraiser. 10. Sales tax and responsibility for your sales Sales tax on what your shoppers buy is yours: you set the rate on each store, it is collected with the order and paid to you, and you report and remit it. The sale is between you and your shopper. The shopper is your customer, not ours. Delivering the goods, answering complaints, and chargebacks on a sale are yours. We take and split the payment as your platform; that does not make us the seller. 11. Your data is yours Your orders, your clients, your artwork, your customers' artwork, your stores, your products, your prices and your money history are yours. Putting them into KitAlly gives us no ownership of them. You may take them out at any time, in a form you can actually use. 12. What we do with your data, and what we never do We use your data to operate KitAlly for you, and for nothing else: running your stores, taking and splitting payments, keeping your account working, supporting you, keeping backups and complying with the law. We do not sell your data. We do not rent, share or licence it to advertisers, data brokers or marketers. We do not use it, aggregated or de-identified, for anything other than operating the service. We do not contact your clients or your shoppers to sell them anything. We use other companies to run parts of the service — hosting, email delivery and payment processing. They may handle your data only to do that job for us, under the same limits. We keep your data secure using measures appropriate to the kind of information it is. If your data is exposed in a breach, we will tell you promptly and honestly what happened and what it affects. 13. Taking your data out, and how long we keep it You can take a full export of everything at any time, while your account is open and after it ends. After your account ends we keep your data and you can still take your export whenever you want it. Your export is not a bargaining chip and we will not treat it as one. 14. Leaving KitAlly You can leave at any time, from inside KitAlly, without phoning anyone. EVERY STORE CLOSES WHEN YOU LEAVE. Not at the store's own close date — that day. A closed store stops taking new orders; orders already paid for stay live, and you still owe those shoppers their goods. Money you are owed is paid on the normal schedule, with no acceleration and no withholding. 15. Our promise to the clients of a decorator that leaves This is a promise to the clients whose stores are made by a decorator on our platform. If that decorator leaves, your store does not close with them. - We tell you automatically that your decorator has left. - For 30 days we follow your departed decorator's rules and pricing exactly. - At the end of the 30 days you choose: stay with us at our own rules and pricing, move to another decorator on the platform, or run with no decorator. - Nothing happens by default. If you have not answered by day 31 we ask you again, and your store carries on while we wait. 16. What we will never do in a billing dispute WE WILL NOT HOLD YOUR DATA HOSTAGE. If you dispute a charge, your data and your export stay available to you while we sort it out. 17. The service itself WE DO NOT GUARANTEE UPTIME AT THIS STAGE. We work to keep the service available, we monitor it, and we fix what breaks as fast as we can. Support is included at no charge, from inside KitAlly or by email. If we remove or materially change something you rely on, we tell you before we do it. We do not create records in your account to try something out. 18. Changes to what you pay If we change the 3.5% store order fee, what it is charged on, or the card processing pass-through, that is a material change and requires your fresh acceptance. A one-time fee is the amount quoted to you before that work is started; changing our published one-time fees never changes a fee already quoted to you. 19. Using the service properly Use KitAlly for your business, and not for: anything illegal; selling goods that infringe someone else's trademark, copyright or other rights, including artwork you do not have the right to print; hate speech, harassment, threats, or content that sexualises children; trying to break into, overload, scrape or reverse-engineer the service; sending unsolicited bulk email; or uploading anything containing malware. You are responsible for what the people you give access to do in your account, and for keeping their sign-ins secure. If you break these rules we will tell you what is wrong and give you a chance to fix it, unless it is serious or illegal enough that we must stop it immediately. 20. Who owns what Your artwork stays yours. Your clients' artwork stays theirs. Everything you or your clients upload remains the property of whoever owned it. You give us permission to store, copy, display and process that material only so far as we need to run the service for you — showing art on a store, sending it to the decorator making the order, making product pictures. You confirm you have the right to use the artwork and trademarks you put into KitAlly, or that your client does. KitAlly, its code, its design and our names and logos belong to us. You may not copy, resell or rebuild the software. 21. Limits on what we are liable for WE WARRANT that we will provide the service in a workmanlike manner, consistent with industry standards. That is the only warranty we make. EXCEPT FOR THAT WARRANTY AND THE SPECIFIC PROMISES IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER OF US IS LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES — including lost profits, lost sales, lost goodwill, your shoppers' claims against you, or damages from a missed event date — EVEN IF WE WERE TOLD THOSE LOSSES WERE POSSIBLE. OUR TOTAL LIABILITY TO YOU for everything arising out of this agreement is limited to the fees you paid us in the 12 months before the claim arose. This limit does not apply to money we hold that belongs to you, which we pay as this agreement says. NEITHER OF US IS RESPONSIBLE for a failure or delay caused by something outside our reasonable control — a supplier shortage, blank goods on backorder, a carrier or payment network failure, a power or internet outage, severe weather, epidemic, war or government action. 22. Indemnity You cover us if someone brings a claim against us because of something that was yours to get right — artwork you or your client uploaded, goods a shopper bought from your store, sales tax on your sales, or your breaking the rules in section 19. We cover you if someone claims our software itself infringes their intellectual property. Whoever covers the claim runs the defence, and the other side tells them about it promptly and helps where needed. 23. Which state's law applies, and where a dispute is heard This agreement is governed by the laws of the State of Florida. Before either of us files anything, we each raise the problem with the other in writing — you to hello@kitally.com, us to the email address on your account — and give it 30 days to be sorted out. After that, any suit is brought only in the state or federal courts in Lee County, Florida. 24. Changing this agreement, and how we reach each other A new version of this agreement gets a new version number. A material change requires you to accept the new version before you carry on; we tell you by email and in KitAlly, and we say what changed in plain English. If you do not accept a material change, you may leave. If a court decides one part of this agreement cannot be enforced, the rest still stands. You may not transfer this agreement without asking us; we may transfer it if our business is sold, and your data commitments travel with it unchanged. Nothing here makes either of us the other's partner, employee or agent. Anything we must tell you goes to the email addresses on your account and appears in KitAlly. Anything you must tell us goes to hello@kitally.com, or by phone at 239-443-0601.