Terms of Use — 42min

Plain-Language Summary

This is a quick overview of what's below. It is not a substitute for the full Terms. If anything below conflicts with the summary, the full Terms govern.

Who we are. 42min is a meeting scheduling service operated by Kikinda LLC (Naples, Florida, USA).
Who can use it. Users 16 years or older (or the age of digital consent in your jurisdiction, if higher).
What it costs. The Service is free during early access. Paid plans may be introduced later with at least 30 days' notice.
Your content stays yours. You retain ownership of forms, content, and data you create. You give us a license to host and process them to provide the Service.
Limited liability. Our total liability to you is capped at the greater of US $100 or fees you paid us in the last 12 months.
Arbitration and no class actions. Disputes are resolved by individual binding arbitration in Florida. Class actions are waived.
No PHI. Don't use 42min for protected health information regulated by HIPAA.
We can change these Terms. We'll give 30 days' notice for material changes.

1. Definitions

"Service" means the 42min website at https://42min.us, our APIs, browser extensions, mobile applications, and related products and features (collectively).

"Kikinda," "42min.us," "42min," "we," "us," or "our" means Kikinda LLC, a Florida limited liability company located in Naples, Florida, USA.

"Customer," "you," or "your" means the individual or entity that registers for an account and accesses the Service. If you create an account on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

"Invitee" or "Participant" means a person who books a meeting through, attends a meeting scheduled by, or otherwise interacts with a Customer's booking pages, forms, or scheduled events without registering for their own 42min account.

"Customer Content" means any content, data, forms, configurations, or files you upload, configure, or generate in connection with the Service, including booking page settings, routing form definitions, custom questions, messages, and meeting metadata you create.

"Invitee Data" means personal data of Invitees that is collected, processed, or stored in the Service in connection with bookings on a Customer's pages.

"Documentation" means our published help documentation and policies, including the Privacy Policy, Cookie Statement, and Data Processing Addendum.

2. Acceptance of Terms

By accessing or using the Service, you agree to these Terms of Use ("Terms"). If you do not agree, you must not use the Service.

If you are an Invitee using a Customer's booking page, Section 23 (Participant Terms) applies to your use of the Service.

These Terms incorporate by reference: the Privacy Policy, the Cookie Statement, and the Data Processing Addendum.

3. Eligibility

You may use the Service only if:

You are at least 16 years old, or the age of digital consent in your jurisdiction (if higher);
You have legal capacity to enter into a binding contract;
You are not barred from receiving services under applicable laws (including U.S. export controls and sanctions described in Section 22); and
Your use of the Service does not violate any applicable law or regulation.

If you are using the Service on behalf of an organization, you confirm that you are authorized to bind that organization to these Terms.

4. Account Registration and Security

You agree to:

Provide accurate, current, and complete account information;
Keep your account credentials confidential;
Update your information promptly when it changes;
Use multi-factor authentication when offered;
Accept responsibility for all activity under your account.

Notify us immediately at plus@42min.us if you suspect unauthorized access. We are not liable for losses caused by your failure to safeguard credentials.

5. License to Use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your internal business or personal scheduling purposes during the term of your account.

This license does not transfer any ownership of the Service, our software, our trademarks, or our intellectual property to you.

6. Acceptable Use

You agree not to, and not to permit others to:

Use the Service for unlawful, fraudulent, deceptive, harmful, or abusive purposes;
Use the Service to send unsolicited bulk invitations, cold outreach, spam, or messages prohibited by anti-spam laws (including CAN-SPAM, CASL, GDPR, ePrivacy, and TCPA);
Use the Service to harass, threaten, defame, or harm any person;
Harvest, scrape, enumerate, scan, or otherwise extract booking pages, Invitee Data, calendar data, or any other data from the Service;
Interfere with, disrupt, or attempt to disrupt the Service, our servers, or our networks (including denial-of-service activity, exceeding published rate limits, or circumventing technical or usage limits);
Reverse engineer, decompile, disassemble, or attempt to derive source code from any part of the Service;
Use the Service to develop a competing product, or to benchmark the Service for publication, without our prior written consent;
Upload or transmit malware, viruses, or other harmful code;
Upload, configure, or transmit content that infringes intellectual property, privacy, publicity, or other rights of any third party;
Configure routing forms or booking flows that mislead Invitees about who controls their data, or that omit required notices;
Collect special category personal data (health, biometric, racial or ethnic origin, political opinions, religion, sex life, sexual orientation, genetic data, trade union membership, criminal records) through the Service without our prior written approval;
Use the Service for HIPAA-regulated workflows or electronic protected health information (PHI) — we are not a HIPAA Business Associate and do not sign Business Associate Agreements;
Use the Service in violation of U.S. export-control or sanctions laws (Section 22);
Resell, lease, or sublicense access to the Service without our written agreement;
Use the Service in any manner that creates undue burden on our systems or staff.

We may, at our sole discretion, suspend or terminate access immediately and without refund for any violation of this Section 6.

7. Customer Content and Customer Responsibilities

7.1 Ownership

You retain all ownership of Customer Content. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and use Customer Content solely as necessary to provide, maintain, secure, and improve the Service, and to comply with law.

7.2 Customer as Controller of Invitee Data

When you configure booking pages, routing forms, or other features that collect personal data from Invitees:

You are the data controller of Invitee Data under GDPR, UK GDPR, and similar laws;
We act as a data processor on your behalf with respect to Invitee Data, governed by our Data Processing Addendum;
You must publish your own privacy notice and link to it from your booking pages, telling Invitees how you collect, use, and share their data;
You warrant that you have a valid legal basis for collecting the data your booking flows are configured to collect;
You are responsible for honoring data subject requests directed at Invitee Data you control.

7.3 Compliance with Law

You are solely responsible for ensuring your use of the Service, your booking pages, your forms, your messages, your integrations, and any Customer Content comply with applicable law (including privacy law, anti-spam law, telemarketing law, employment law, and law applicable to your industry).

7.4 Disputes with Invitees

You are solely responsible for resolving disputes between you and your Invitees, including no-shows, cancellations, refunds, scheduling conflicts, and dissatisfaction with meetings.

8. Recordings, AI Features, and Consent

If we make recording, transcription, AI-generated summary, or similar features available, you are solely responsible for:

Determining whether such features may be lawfully used in your and your Invitees' jurisdictions (note: many jurisdictions, including California, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington in the U.S., as well as most EU and UK jurisdictions, require all-party consent to record);
Providing clear pre-call disclosure to Invitees;
Obtaining required consents from all participants;
Establishing your own retention and access policies for recordings, transcripts, and AI outputs you create.

We may suspend or remove these features at any time. AI outputs are generated by automated systems, may contain errors, and must not be relied upon for legal, financial, medical, or other professional advice.

As of the Effective Date, recording, transcription, and AI features are not enabled in the Service.

9. Third-Party Services and Integrations

The Service integrates with third-party services that you choose to connect ("Connected Services"), including Google Calendar, Google Meet, and (where available) Microsoft 365 / Outlook, Pipedrive, Calendly, and others. Connected Services act as separate data controllers under their own terms and privacy policies. We are not responsible for Connected Services or any content, products, or services provided through them.

When you connect a Connected Service, you authorize us to access, transmit, and process your data with that service to the extent needed to provide the integration. You may disconnect a Connected Service at any time through your account settings.

10. Google Integrations

Your use of Google integrations is subject to:

Google's Terms of Service and the Google API Services User Data Policy (including the Limited Use requirements);
Our Privacy Policy, Section 14 (Google API Services Disclosure).

We do not use data obtained through Google APIs for advertising; do not transfer such data to third parties except as necessary to provide the user-facing functionality you request, comply with law, or in connection with a merger or acquisition (with notice); do not allow humans to read such data unless we have your explicit consent, it is necessary for security, or required by law; and do not use such data to train artificial intelligence or machine-learning models.

11. Communications

You agree to receive service-related communications (transactional emails, security notices, account-related messages, mandatory legal notices). You may opt out of marketing communications at any time using the unsubscribe link in marketing emails or by emailing plus@42min.us.

If you provide a phone number for SMS notifications:

You consent to receive automated text messages related to your account, bookings, or service alerts;
Message and data rates may apply;
Frequency varies based on activity;
You may opt out by replying STOP, and may text HELP for help.

12. Fees and Future Paid Features

The Service is currently offered free of charge during early access. We may introduce paid plans, premium features, or usage-based fees in the future.

If we introduce fees that affect your account:

We will provide at least 30 days' advance notice by email and in-product notification;
Pricing will be presented before any charge applies;
You may export your data and terminate your account before fees take effect, with no obligation to pay.

If you subscribe to paid features in the future:

Subscription fees are billed in advance and are non-refundable except as set out below;
We may issue, in our reasonable discretion and on written request, a full refund of your most recent billing cycle, including for material service unavailability;
We may modify fees with at least 30 days' notice;
All fees are exclusive of taxes, which you are responsible for.

13. Beta Features

We may make features available on a beta, alpha, preview, or early-access basis ("Beta Features"). Beta Features are provided AS IS and AS AVAILABLE, without warranties or service-level commitments. Beta Features may:

Be added, modified, or removed at any time without notice;
Contain bugs, errors, and security weaknesses;
Result in loss of data created using them;
Not be subject to standard support.

We may publicly reference your use of Beta Features unless you opt out at plus@42min.us.

14. Service Availability

We use commercially reasonable efforts to maintain availability of the Service. We do not guarantee uninterrupted operation. The Service may be unavailable due to planned maintenance, emergency maintenance, third-party outages (including Google, our hosting provider, and payment processors), force majeure events, or factors outside our control. We will use reasonable efforts to provide notice of planned maintenance.

No formal Service Level Agreement applies during early access or to free accounts.

15. Suspension and Termination

15.1 By You

You may stop using the Service at any time. To delete your account, use the in-product deletion flow or email plus@42min.us.

15.2 By Us

We may suspend or terminate your access to the Service:

For violation of these Terms (including Section 6);
If your use creates risk to the Service, other users, or third parties;
For non-payment of fees (when paid plans apply);
If required by law, court order, or regulator;
Following extended inactivity (12 months or more);
Upon discontinuation of the Service or your jurisdiction.

We will provide reasonable notice where practicable, but may act immediately for material breaches.

15.3 Effect of Termination

Upon termination:

Your access to the Service ends immediately;
We will delete or anonymize your personal data per Section 9 of the Privacy Policy and the retention table therein. Unless otherwise required by law:
- Account data is soft-deleted within 30 days of termination;
- Backup copies are purged within 90 days;
- Audit and security logs may be retained for up to 24 months;
- Tax and billing records may be retained for up to 7 years (when applicable);
You may request export of Customer Content before termination using the in-product export tool or by emailing plus@42min.us;
Sections that by their nature should survive termination will survive (including Sections 6, 7, 13, 16–22, and 26).

16. Intellectual Property

The Service, our software, designs, content, trademarks (including "42min," "42min.us," and our logos), and all related intellectual property are owned by Kikinda LLC or our licensors and are protected by U.S. and international intellectual property laws. We retain all rights not expressly granted to you in these Terms.

17. Feedback

If you submit suggestions, feedback, or ideas regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate them without restriction or compensation. We may publicly mention you as a contributor unless you tell us not to at plus@42min.us.

18. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE.

WE DO NOT WARRANT THAT: THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; ANY DEFECTS WILL BE CORRECTED; THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL CODE; OR THE SERVICE WILL MEET YOUR REQUIREMENTS.

WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR AVAILABILITY OF THIRD-PARTY CALENDAR SERVICES, TIME-ZONE CALCULATIONS, EMAIL OR SMS DELIVERY (WHICH DEPEND ON OPERATORS WE DO NOT CONTROL), OR THE OUTCOME OF MEETINGS BOOKED THROUGH THE SERVICE.

Some jurisdictions do not allow exclusion of certain warranties; in such cases, the exclusions apply only to the extent permitted.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIKINDA LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, BUSINESS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) US $100 OR (B) THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

OUR TOTAL AGGREGATE LIABILITY TO ANY INVITEE FOR ALL CLAIMS WILL NOT EXCEED US $100.

The limitations in this Section 19 form an essential basis of the bargain and apply even if a remedy fails of its essential purpose.

Some jurisdictions do not allow limitations on certain damages; in such cases, our liability is limited to the maximum extent permitted by law.

20. Indemnification

You agree to defend, indemnify, and hold harmless Kikinda LLC, its affiliates, and their officers, directors, employees, and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your access to or use of the Service;
Customer Content, including your booking pages, routing forms, messages, and any recordings or transcripts you create;
Personal data you collect from or about Invitees, including any failure to provide adequate notice or obtain required consent;
Your violation of these Terms;
Your violation of applicable law (including privacy, anti-spam, consumer-protection, employment, or industry-specific law);
Claims by Invitees, employees, customers, or other third parties relating to your use of the Service or your relationship with them.

We may, at our option, assume exclusive control of the defense of any claim subject to indemnification, and you will cooperate with us at your expense.

21. Governing Law and Dispute Resolution

21.1 Governing Law

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE WAY YOU CAN SEEK RELIEF.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, then in effect.

Arbitration will take place in Naples, Collier County, Florida, or, at your election, by telephone, video, or written submissions only;
The arbitrator's decision will be final and binding;
Judgment on the award may be entered in any court of competent jurisdiction.

21.3 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

21.4 Exceptions

Either party may bring an action in court (without arbitration) for:

Injunctive or equitable relief to prevent infringement of intellectual property rights or unauthorized access to the Service;
Small-claims-court actions, where eligible.

21.5 Opt-Out

You may opt out of arbitration and the class action waiver by sending written notice to plus@42min.us within 30 days of first accepting these Terms, including your name, account email, and a clear statement that you opt out. Opting out does not affect any other provision of these Terms.

21.6 Venue if Arbitration Is Inapplicable

If a Dispute is not subject to arbitration, the parties consent to exclusive jurisdiction of the state and federal courts located in Collier County, Florida.

22. Export Controls and Sanctions

The Service is provided from the United States and is subject to U.S. export controls and economic sanctions (including the Export Administration Regulations and regulations administered by the U.S. Office of Foreign Assets Control, "OFAC"). You represent that you are not:

Located in or a national of any country or region subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, the so-called Donetsk People's Republic and Luhansk People's Republic regions of Ukraine, and any other comprehensively sanctioned jurisdiction);
A person or entity on any U.S., EU, or UK sanctions or restricted-party list (including OFAC's Specially Designated Nationals list);
Engaged in activity prohibited by export, sanctions, or anti-money-laundering laws.

You agree not to use the Service in violation of these laws.

23. Participant (Invitee) Terms

This Section 23 applies to you if you book a meeting, attend a meeting, or otherwise interact with the Service through a Customer's booking page or invitation, without registering for your own account.

23.1 Service Provided by Customer

The Customer who organized the meeting controls the booking page and the data you provide. The Customer is the data controller of your personal data; 42min is a data processor acting on the Customer's behalf. To exercise rights regarding your personal data, contact the Customer first. You may also contact us at plus@42min.us, and we will assist as required by the Data Processing Addendum.

23.2 Your Use

By using a Customer's booking page, you agree:

Not to engage in conduct prohibited by Section 6;
That meetings, communications, and content shared on the page are between you and the Customer; we do not screen, control, or guarantee any of it;
That recording or AI features (if used) are configured by the Customer, who is responsible for obtaining your consent where required.

23.3 No-Shows, Cancellations, Refunds

We are not a party to your booking with the Customer. We do not handle refunds, no-show fees, or service quality between you and the Customer.

23.4 Liability to Invitees

Our total aggregate liability to any Invitee for all claims arising from use of the Service is capped at US $100, as set out in Section 19.

23.5 Disputes

Sections 18 (Disclaimers), 19 (Limitation of Liability), 20 (Indemnification), 21 (Arbitration and Class Action Waiver), and 22 (Export and Sanctions) apply to Invitees.

24. Changes to These Terms

We may update these Terms at any time. For material changes, we will provide at least 30 days' advance notice by email and in-product notification. Your continued use after the effective date constitutes acceptance. If you do not accept the updated Terms, you must stop using the Service before the effective date.

25. Communications and Notices

We may send you notices by email at the address associated with your account, by in-product message, or by posting on the Service. You consent to receive these notices electronically, and they will be deemed received when sent.

You may send legal notices to us at:

Kikinda LLC
Naples, FL, USA
Email: plus@42min.us

26. General

Entire Agreement. These Terms (together with the Privacy Policy, Cookie Statement, and DPA) constitute the entire agreement between you and us regarding the Service.

Severability. If any provision is held unenforceable, the rest of the Terms remain in effect, and the provision will be modified to the minimum extent necessary to make it enforceable.

No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, financing, or sale.

Force Majeure. We are not liable for failure or delay caused by events outside our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government actions, pandemics, internet or telecommunications failures, or third-party service outages.

No Third-Party Beneficiaries. Except as expressly stated in Section 23, these Terms do not create third-party beneficiary rights.

Headings. Headings are for convenience only and do not affect interpretation.

Language. These Terms are in English; any translation is for convenience only.

27. Contact

Kikinda LLC
Naples, FL, USA
Email: plus@42min.us