Last updated: 23/01/2026
These Terms of Service ("Terms") constitute a legally binding agreement between you and Kern IT (company number BE0845906217, registered at Rue Belliard 2A, 1040 Bruxelles, Belgium) regarding your use of our platform and services.
By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.
Kern IT provides Capyly, a location-based communication platform ("Service") that enables users to:
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, subject to applicable law.
To use our Service, you must create a free account by providing accurate and complete information. You agree to:
We use passwordless authentication via magic links sent to your email address. You are responsible for maintaining the security of your email account.
You must be at least 16 years old to use our Service. By using our Service, you represent and warrant that you meet this age requirement.
Capyly is currently provided as a free service. We reserve the right to introduce paid features or subscription plans in the future, with advance notice to users.
You agree not to use our Service to:
✗ Violate any laws or regulations
✗ Infringe intellectual property rights
✗ Transmit harmful or illegal content
✗ Harass or intimidate others
✗ Interfere with or disrupt the Service
✗ Attempt unauthorized access
✗ Use automated tools without permission
✗ Reverse engineer the platform
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.
The Service, including all content, features, functionality, software, designs, text, graphics, and trademarks, is owned by Kern IT and protected by Belgian and international copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal purposes, subject to these Terms.
You retain all rights to content you upload or create through the Service ("Your Content"). By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and transmit Your Content solely to provide the Service to you.
You represent and warrant that you own or have the necessary rights to Your Content and that it does not violate any third-party rights or applicable laws.
Your privacy is important to us. Our processing of your personal data is governed by our Privacy Policy, which complies with the General Data Protection Regulation (GDPR) and Belgian data protection law.
By using our Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW.
We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected.
Nothing in these Terms excludes or limits warranties or liability that cannot be excluded or limited under Belgian law or EU consumer protection law.
TO THE MAXIMUM EXTENT PERMITTED BY BELGIAN LAW, KERN IT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE.
This limitation of liability does not apply to liability that cannot be excluded or limited under mandatory Belgian law, including liability for:
You may terminate your account at any time through your account settings or by contacting us.
We may suspend or terminate your account immediately if:
Upon termination, your right to use the Service will immediately cease. We may delete Your Content and account data in accordance with our data retention policies and applicable law.
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
These Terms are governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law principles.
Any disputes arising from or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Brussels, Belgium.
If you are a consumer under Belgian or EU law, nothing in these Terms affects your statutory rights, including the right to bring proceedings in your country of residence.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kern IT.
If any provision is found invalid, the remaining provisions will remain in full force.
Our failure to enforce any right or provision will not be considered a waiver.
You may not assign these Terms without our prior written consent.
If you have any questions about these Terms, please contact us:
Company: Kern IT
Company Number: BE0845906217
Address: Rue Belliard 2A, 1040 Bruxelles, Belgium
Email: legal@kernit.be
These Terms of Service are governed by Belgian law and applicable EU regulations.