Terms and conditions.

1. General

The individuals or entities using the Service are called "Users". If you do not agree to these Terms, do not use the Service. If you access the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms; in that case, "you" and "your" will refer to that entity. The Service may keep changing over time as we refine and add features; we may stop, suspend, or modify the Service at any time without prior notice, and remove content from the Service at our discretion.

2. The Service: an expert marketplace

Fractional Experts is a marketplace that connects clients with independent professionals ("Experts") for fixed-duration advisory sessions and recurring services. Experts are independent contractors: they are not employees, agents, or representatives of Kiseki, and Kiseki does not supervise, direct, or control their work. Kiseki facilitates discovery, scheduling, communication, and payment collection, but the professional service is provided by the Expert directly to the client.

The content of sessions — including Experts' opinions, recommendations, and deliverables — does not constitute advice from Kiseki. You are responsible for evaluating the suitability of any recommendation for your particular situation before acting on it.

3. Accounts and security

To use certain features you will need to create an account ("Account"), either with email and password or through your Google account ("Third Party Account"). If you choose the Third Party Account option, we will create your Account with the basic information your privacy settings allow us to access (name and email address). You are responsible for safeguarding your login credentials and for any activity that occurs under your Account, whether or not you authorized it. You must notify us immediately of any unauthorized use of your Account.

4. Bookings, fees, and payments

The price of each session or recurring service is shown before you confirm the booking. Payments are processed through Stripe, our payment processor; by paying you also accept the applicable Stripe terms. Kiseki charges a platform fee on the price of each transaction; the remainder belongs to the Expert.

Cancellations and refunds are governed by the cancellation policy in effect and shown during the booking process, which may vary depending on how far in advance you cancel and the type of service. Recurring services renew automatically for the contracted period until cancelled; you can cancel the renewal from your dashboard before the renewal date.

We may change our fees and commissions from time to time. If they change, we will give at least 30 days' notice; continued use of the Service after the change indicates your acceptance of the new fees.

5. User Content and limited license

"User Content" is any text, image, profile information, or other material you post or provide through the Service. We claim no ownership over your User Content, but by posting it you grant us a non-exclusive, royalty-free, transferable right to use, display, reproduce, adapt, and distribute it to the extent necessary to operate the Service (for example, showing an Expert profile to potential clients). You represent and warrant that you own or have the legal right to post the User Content you provide and that it does not violate third-party rights.

User Content is the sole responsibility of whoever posts it. Although we have no obligation to do so, we may remove, filter, or edit any User Content without prior notice, at any time and for any reason.

6. Kiseki's ownership

These Terms do not grant you any right, title, or interest in the Service, the underlying software, or Kiseki's content. The software and technology we use are protected by copyright, trademark, and other laws of Spain and other countries. You may not resell, lease, or otherwise provide the Service to third parties, nor decompile, reverse engineer, or attempt to extract the source code of the Service. If you send us feedback or suggestions, we may use them without any obligation to you.

7. Acceptable use policy

You must not, and must not attempt to, misuse the Service. For example, you must not:

• post or transmit content that infringes third-party intellectual property, privacy, or publicity rights; that is fraudulent, misleading, defamatory, obscene, or offensive; that promotes discrimination, hatred, or violence; or that violates any applicable law;
• probe, scan, or test the vulnerability of any system or network, or breach or circumvent security or authentication measures;
• access non-public areas of the Service or the systems of Kiseki or our providers;
• interfere with the Service or with other users, for example by distributing malware, overloading the infrastructure, or sending spam;
• access or extract data from the Service by means other than our public interfaces ("scraping");
• circumvent the platform to avoid the applicable fees on transactions originated through the Service;
• impersonate another person or misrepresent your affiliation with any person or entity.

You are prohibited from uploading "sensitive" personal information to the Service (for example, health information, government identification numbers, political opinions, religious beliefs, ethnic origin, or criminal records — "Sensitive Personal Information"). If you do, your account may be terminated immediately. The Service is not intended for anyone under 18 years of age.

8. Google API user data

The Service offers Google sign-in and an optional Google Calendar connection for session scheduling. Fractional Experts' use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. The details of which Google data we access, how we use it, and how to revoke access are in our Privacy policy.

9. Termination and suspension

You may stop using the Service at any time. We reserve the right to suspend or terminate your access to the Service at any time, with or without cause and with or without notice, for example if you breach these Terms or use the Service in a way that creates legal liability for us or disrupts others' use. Sections 5 through 16 will survive any termination of these Terms.

10. No warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Kiseki does not guarantee the results of any session or service provided by an Expert, nor that the operation of the Service will be uninterrupted or error-free. Some jurisdictions do not allow these types of disclaimers, so they may not apply to you.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KISEKI, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY; OR (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEEDING THE AMOUNTS PAID BY YOU TO KISEKI DURING THE PRIOR THREE MONTHS FOR THE SERVICE IN QUESTION OR, IF GREATER, €20. Some jurisdictions do not allow these limitations, so they may not apply to you.

12. Indemnification

You will indemnify, defend, and hold Kiseki harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising from third-party claims relating to: (i) your User Content; (ii) your use of the Service in violation of these Terms; (iii) your uploading of Sensitive Personal Information; or (iv) your failure to protect your login credentials.

13. Changes to these Terms

We may revise these Terms from time to time; the most current version will always be posted on this page. If a revision is material, we will provide notice (for example, via email to the address associated with your Account). If you continue to use the Service after the revisions take effect, you agree to be bound by the revised Terms.

14. Governing law and dispute resolution

These Terms and the use of the Service are governed by Spanish law, excluding its conflict-of-laws principles. Before filing a claim against Kiseki, you agree to try to resolve the dispute informally by writing to go@gokiseki.com; we will try to resolve it by contacting you via email. If a dispute is not resolved within thirty (30) days, any judicial proceeding relating to these Terms or the Service must be litigated exclusively in the competent courts of Valencia, Spain, and both parties consent to their jurisdiction and venue. Any claim must be filed within one year from when it could first be filed, unless local law requires a longer period.

15. Notices

We may send you, in electronic form, information about the Service and any notices the law requires us to provide, to the email address you registered with your Account. Notices sent by email will be deemed given and received when the email is sent. Legal notices to us must be sent to go@gokiseki.com, with specific reference to the fact that it is a notice given under these Terms.

16. General provisions

These Terms constitute the entire and exclusive agreement between you and Kiseki regarding the Service, and supersede any prior agreement on the same subject. You may not assign your rights under these Terms; Kiseki may assign its rights to any of its affiliates, subsidiaries, or successors. If any provision is found unenforceable, the remaining provisions will remain in full force and effect, and an enforceable term reflecting our intent as closely as possible will be substituted. Kiseki's failure to enforce a provision is not a waiver of its right to do so later. Kiseki and you are not legal partners or agents; our relationship is that of independent contractors.