Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
The terms of service for Penpot contain several concerning clauses. Kaleidos disclaims liability for unauthorized account use even if reported, meaning you bear the financial responsibility for any damages. For free trials or subscriptions, your account can be canceled at any time without notice or liability, potentially leading to data loss (risk_flags-2, risk_flags-3). Furthermore, Kaleidos provides its services without any warranties and explicitly disclaims liability for a wide range of service failures, including security vulnerabilities and viruses (risk_flags-4, risk_flags-5). There's also an exclusion of liability for significant damages such as lost profits or data, and any total liability is capped at the fees paid in the last 12 months (risk_flags-6, risk_flags-7). Lastly, you are fully responsible for indemnifying Kaleidos for any claims arising from the content or data you upload (risk_flags-8).
90% confidence
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Risk Flags
3 findings
Critical issues that could lead to significant user harm. These typically involve material, hard-to-reverse harm such as money you cannot easily recover, lasting privacy exposure, loss of account access, weakened dispute rights, or broad ownership/control of user content.
high90% confidence
Loss of access to data upon account cancellation
If your User account is cancelled, blocked, or deleted by you or by Kaleidos, you may no longer have access to the information and data stored in or related to your User account.
Why it matters: If your account is canceled, blocked, or deleted, you risk losing all your information and data associated with that account, with no guaranteed way to retrieve it.
If your User account is cancelled, blocked, or deleted by you or by us (under the circumstances stated in these Terms and Conditions), you may no longer have access to the information and data stored in or related to your User account.
TERM AND CANCELLATION, paragraph 1 · Citation strength: strong
high95% confidence
Exclusion of liability for consequential damages and data loss
Kaleidos is not liable for any loss of profits, loss of data, or any indirect, special, incidental, punitive or consequential damages of any kind arising from the use or inability to use its services, even if advised of the possibility of such damages.
Why it matters: You cannot seek compensation from Kaleidos for major losses like lost profits or data, or other indirect damages, even if Kaleidos was aware of the potential for such harm. This significantly limits your ability to recover in case of service failures or other issues.
Unless otherwise required by applicable law, in no event will Kaleidos be liable to you or to any third party for any loss of profits, loss of data, or any indirect, special, incidental, punitive or consequential damages of any kind arising out of, or in connection with these Terms and Conditions or with your use (or inability to use) Kaleidos’ Products & Services, even if Kaleidos has been advised or is otherwise aware of the possibility of such damages.
DATA PROTECTION, paragraph 1 · Citation strength: strong
high95% confidence
Indemnification requirement for user-caused damages
You are solely responsible and agree to defend, indemnify, and hold Kaleidos harmless (and its affiliates, employees, officers and directors) for any claim that the content or data uploaded to Kaleidos’ Products & Services by you infringes third-party rights or any applicable law, or that has, for any other reason, caused injury to Kaleidos or any other third party.
Why it matters: You are fully responsible for any legal claims, damages, or penalties arising from the content or data you upload, particularly if it infringes on third-party rights or causes harm to Kaleidos or others. This means you could be liable for significant legal costs and damages.
You are solely responsible and agree to defend, indemnify, and hold Kaleidos harmless (and its affiliates, employees, officers and directors) for any claim that the content or data uploaded to Kaleidos’ Products & Services by you infringes third-party rights or any applicable law, or that has, for any other reason, caused injury to Kaleidos or any other third party.
4.3 User content, paragraph 1 · Citation strength: strong
Data Use
1 finding
How the company collects, uses, shares, and protects your data. This section also flags potential privacy concerns.
medium95% confidence
Employer access to corporate email accounts
If you register a User account with an email address controlled by a third-party (such as a corporate email), you acknowledge that you will be considered an End User of that third-party. This third-party can request access to your User account and all content and data, with or without prior notice to you and without any liability to Kaleidos.
Why it matters: Your employer or any third-party controlling your registration email can access your account and all its data without your consent or prior notification, and Kaleidos will not be liable for this access.
Please, note that if you register a User account with an email address controlled by a third-party (such as a corporate email that is controlled by your employer), you acknowledge that you will be considered as an End User of that third-party. Said third-party will be able to request access to your User account and all the content and data of your User account, with or without prior notice to you and without any liability to Kaleidos.
TERMS OF ACCESS, paragraph 1 · Citation strength: strong
Cancellation and Renewal
All clear
How subscriptions renew, how to cancel, and any associated terms.
✓
Looking good
No billing surprises spotted
Verbaterm only flags concerns it can cite. No cancellation, auto-renewal, or refund terms needed attention here.
Gotchas
2 findings
Unexpected or subtle clauses that could be problematic for users.
medium90% confidence
Right to limit data usage
Kaleidos reserves the right to limit your data usage if it exceeds 10 times the median usage, as per their fair use policy.
Why it matters: Your data usage can be restricted without warning if it's considered excessive compared to other users. This could disrupt your work or access to services if you are a heavy user.
Fair use policy means not more data usage than 10x of the median. We reserve the right to limit your data usage.
TERMS OF ACCESS, paragraph 2 · Citation strength: strong
medium90% confidence
Sole discretion to remove content
Kaleidos has the right, but not the obligation, to remove any content that it reasonably believes breaches the Terms and Conditions, any applicable law, or any third-party rights, at its sole discretion.
Why it matters: Your uploaded content could be removed at Kaleidos' discretion if they believe it violates their terms, laws, or third-party rights, potentially leading to loss of your work or data without prior notice.
Kaleidos does not pre-screen the content (including any data or feedback) uploaded by Users. Notwithstanding the foregoing, Kaleidos has the right (but not the obligation) to remove, in its sole discretion, any content that Kaleidos reasonably believes breaches this Terms and Conditions, any applicable law or any third-party rights.
4.3 User content, paragraph 1 · Citation strength: strong
Protections
0 findings
Explicit commitments and features that benefit users, such as data deletion rights, clear refund policies, or strong data security measures.
✓
Looking good
No source-backed concerns shown
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This public review is informational only and is not legal advice. Verbaterm shows only findings tied to the cited source snapshot above.