Last Updated: November 23, 2025
INTRODUCTION
Welcome to The Kaya Way. These Terms of Service ("Terms") govern your access to and use of the website thekayaway.com (the "Site") and the services provided by Kaya Services LLC, doing business as The Kaya Way ("we," "our," "us," or "The Kaya Way").By accessing or using our Site or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or services.
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1. ACCEPTANCE OF TERMS
By using our Site, booking a discovery call, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy and Cookie Policy.We reserve the right to modify these Terms at any time. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

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2. DESCRIPTION OF SERVICES
The Kaya Way provides fractional CFO services and complete financial stewardship for growing businesses, including but not limited to:• Strategic CFO guidance and consulting• Bookkeeping and accounting services• Cash flow management• Financial forecasting and planning• Tax strategy and planning• Payroll management• Financial reporting and analysisServices are provided on a contractual basis with minimum engagement terms as outlined in individual service agreements
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3. ELIGIBILITY
You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent. By using our services, you represent and warrant that you meet these requirements.
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4. SERVICE AGREEMENTS
Specific terms for our fractional CFO services will be outlined in a separate Service Agreement or Engagement Letter. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail with respect to the services provided.Standard engagement terms include:• Minimum monthly investment of $5,000• Initial engagement period as specified in Service Agreement• Payment terms and schedules• Scope of services• Termination provisions
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5. USER RESPONSIBILITIES
When using our Site or services, you agree to:• Provide accurate, current, and complete information• Maintain the confidentiality of any account credentials• Notify us immediately of any unauthorized use of your account• Comply with all applicable laws and regulations• Not use our services for any unlawful or fraudulent purpose• Not interfere with or disrupt the integrity or performance of our Site• Not attempt to gain unauthorized access to our systems or networks
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6. INTELLECTUAL PROPERTY
Ownership:All content on this Site, including but not limited to text, graphics, logos, images, software, and materials (collectively, "Content"), is the property of Kaya Services LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.Limited License:We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal or business purposes related to evaluating or using our services. You may not:• Copy, modify, or create derivative works from our Content• Distribute, sell, or license our Content• Reverse engineer or attempt to extract source code• Remove any copyright or proprietary notices• Use our Content for commercial purposes without written permissionTrademarks:"The Kaya Way" and associated logos are trademarks of Kaya Services LLC. You may not use our trademarks without prior written consent.
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7. CLIENT MATERIALS AND CONFIDENTIALITY
Client Materials:When you engage our services, you may provide us with financial documents, business information, and other materials ("Client Materials"). You retain all ownership rights to your Client Materials.Our Use of Client Materials:We will use Client Materials solely to provide services to you and will maintain confidentiality in accordance with professional standards and any executed confidentiality or service agreements.Confidentiality:We are committed to maintaining the confidentiality of your financial and business information. We will not disclose your confidential information except:• As necessary to provide services to you• With your explicit consent• As required by law or professional regulations• To our service providers under confidentiality obligations
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8. PAYMENT TERMSDiscovery Calls:Initial 30-minute discovery calls are provided at no charge.Service Fees:Fees for ongoing services are outlined in your Service Agreement. Standard terms include:• Monthly retainer of $5,000 minimum• Payment due on the 1st of each month• Invoices sent via email• Payment accepted via bank transfer, credit card, or other agreed methodsLate Payments:Late payments may result in:• Suspension of services until payment is received• Late fees as specified in the Service Agreement• Termination of services for repeated late paymentsRefunds:Services are provided on a monthly retainer basis. Fees are generally non-refundable except as specified in the Service Agreement or as required by law.
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9. PROFESSIONAL STANDARDS AND LIMITATIONS
Professional Services:Our services are provided in accordance with generally accepted accounting principles (GAAP) and professional standards. However:• We are not a CPA firm and do not provide audit, attest, or opinion services• We do not provide legal advice• We do not provide investment advice or securities recommendations• Tax services are strategic planning only; we recommend working with a licensed CPA or tax professional for tax preparation and filingReliance:While we strive for accuracy in all our work, you acknowledge that:• Final business decisions remain your responsibility• You should verify critical information independently• Our advice is based on information you provide• Financial projections are estimates and not guarantees
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10. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
NO WARRANTIES:Our Site and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.LIABILITY CAP:In no event shall Kaya Services LLC, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:• Your access to or use of (or inability to access or use) our services• Any conduct or content of any third party on the Site• Unauthorized access, use, or alteration of your transmissions or content• Any errors or omissions in the services providedMaximum Liability:Our total liability for any claims arising out of or relating to these Terms or our services shall not exceed the amount paid by you to The Kaya Way in the three (3) months preceding the claim.Exceptions:Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.
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11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kaya Services LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:• Your use of our Site or services• Your violation of these Terms• Your violation of any rights of another party• Any inaccurate or incomplete information you provide to us
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12. TERMINATION
Termination by You:You may terminate your use of our services in accordance with the terms of your Service Agreement, typically with 30 days' written notice.Termination by Us:We reserve the right to suspend or terminate your access to our Site or services at any time, with or without notice, for conduct that we believe:• Violates these Terms or applicable law• Is harmful to other users, us, or third parties• Exposes us to liability• Is otherwise inappropriateEffect of Termination:Upon termination:• Your right to use our services will immediately cease• We will provide you with your Client Materials and records• You remain responsible for all fees incurred prior to termination• Provisions that by their nature should survive termination shall survive
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13. THIRD-PARTY LINKS AND SERVICES
Our Site may contain links to third-party websites or services that are not owned or controlled by The Kaya Way. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party websites or services
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14. DISPUTE RESOLUTION
Informal Resolution:If you have any dispute with us, you agree to first contact us at hello@thekayaway.com and attempt to resolve the dispute informally.Governing Law:These Terms shall be governed by and construed in accordance with the laws of [Your State], United States, without regard to its conflict of law provisions.Arbitration:Any dispute arising out of or relating to these Terms or our services that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Your Location], unless otherwise agreed.Class Action Waiver:You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.Exceptions:Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights
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15. GENERAL PROVISIONS
Entire Agreement:These Terms, together with our Privacy and Cookie Policy and any Service Agreement, constitute the entire agreement between you and The Kaya Way regarding use of our Site and services. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.No Waiver:Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.Assignment:You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.Force Majeure:We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or fuel crises.Notices:All notices to The Kaya Way should be sent to hello@thekayaway.com. We may provide notices to you via email to the address you provide or by posting on our Site.Headings:The section headings in these Terms are for convenience only and have no legal or contractual effect
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16. PRIVACY
Your use of our Site and services is also governed by our Privacy and Cookie Policy, which is incorporated into these Terms by reference. Please review our Privacy and Cookie Policy to understand our practices.
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17. CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us: Kaya Services LLC (doing business as The Kaya Way)
Email: hello@thekayaway.com
Website: thekayaway.com
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ACKNOWLEDGMENT
By using our Site or services, you acknowledge that you have read these Terms of Service and agree to be bound by them
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End of Terms of Service