By accessing or using the KERN platform — including the mobile application, web application, and website at getkern.io (collectively, the "Service") — you agree to be bound by these Terms of Service ("Terms"). If you are using KERN on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
If you do not agree to these Terms, do not use the Service. Your continued use of the Service after any changes to these Terms constitutes your acceptance of those changes.
KERN is a workforce and operations management platform built for standby rescue companies, private emergency response teams, and industrial safety organizations. The Service includes equipment management, scheduling, fleet management, compliance documentation, training, messaging, reporting, and related features as described at getkern.io/features.
KERN is provided as a software-as-a-service (SaaS) subscription. Features available to you depend on your company's subscription tier. KERN reserves the right to modify, add, or remove features from any tier with reasonable notice.
To use KERN, you must create an account and provide accurate, complete information. You are responsible for:
You must be at least 18 years old to create an account. KERN is a professional workplace tool and is not intended for use by minors.
Company Super Admins are responsible for the accounts and activity of all employees and users they invite to their KERN workspace.
KERN is offered on four subscription tiers — Bronze (free), Silver, Gold, and Platinum — as well as standalone add-on features. Current pricing is published at getkern.io/pricing. KERN reserves the right to change pricing with at least 30 days' written notice to existing subscribers. Price changes will not take effect until your next billing cycle after the notice period.
Paid subscriptions are billed in advance on a monthly or annual basis via Stripe. All fees are in US dollars. KERN does not store full payment card details — all payment processing is handled by Stripe and subject to Stripe's terms and privacy policy.
Each tier includes a seat limit covering your entire company. You will receive a warning when your company reaches 80% of your seat limit. At 100%, a 30-day grace period begins. After the grace period, the Service enters read-only mode until you upgrade or reduce your seat count. Your data is always preserved — KERN will never delete your data due to a seat overage.
You may upgrade your subscription at any time and the new tier takes effect immediately. Downgrades take effect at the end of your current billing period. No prorated refunds are issued for mid-period downgrades.
KERN does not offer refunds for partial billing periods except where required by applicable law. If you believe a charge was made in error, contact admin@getkern.io and we will review it promptly.
Founding Member status is assigned by KERN to qualifying early customers and entitles the holder to a lifetime 50% discount on their subscription tier. This discount is non-transferable, applies to the subscribing company only, and persists through tier upgrades as long as the subscription remains active and in good standing.
All paid tiers include a 30-day free trial. No credit card is required to begin a trial. At the end of the trial period, the subscription converts to a paid plan or you may downgrade to Bronze at no charge. KERN will notify you before your trial expires.
The Bronze tier is free permanently with no trial period — it is not a limited-time offer.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
KERN reserves the right to investigate and take appropriate action against any violation of these provisions, including suspension or termination of accounts.
All operational data you input into KERN — equipment records, inspection logs, employee records, job data, forms, documents, and all other content — remains your property at all times. KERN claims no ownership over your data.
KERN will never sell, rent, lease, trade, or share your personal information or your company's data with any third party for commercial, advertising, marketing, or any other revenue-generating purpose. This is an unconditional commitment with no exceptions. It applies to all data, all users, all tiers, and all circumstances — including if KERN is acquired, merged, or ceases to operate.
KERN uses your data solely to operate and improve the Service, provide customer support, and comply with legal obligations. We do not build advertising profiles, track users across other applications, or sell behavioral data. For full details on how we handle your data, see our Privacy Policy.
You may request a full export of your company's data at any time by contacting admin@getkern.io. We will provide it in a standard format within a reasonable timeframe at no charge.
Certain records — including inspection logs, incident reports, compliance documents, and audit trails — are subject to OSHA minimum retention requirements and cannot be deleted before those periods expire. The system enforces this automatically. This is a legal requirement, not a KERN policy choice.
KERN implements industry-standard security measures including HTTPS/TLS encryption in transit, encryption at rest for sensitive data, row-level security policies ensuring complete tenant isolation, and role-based access controls. We conduct regular security reviews and monitoring.
No method of electronic storage or transmission is 100% secure. In the event of a data breach affecting your information, KERN will notify you as required by applicable law and take prompt remedial action.
You are responsible for maintaining the security of your account credentials and for any activity that occurs under your account.
The KERN platform, including its software, design, trademarks, logos, and all content created by KERN, is the exclusive property of KERN and is protected by intellectual property law. These Terms do not grant you any rights to KERN's intellectual property except the limited license to use the Service as described herein.
You retain all rights to the content and data you submit to the Service. By using the Service, you grant KERN a limited, non-exclusive license to store and process your content solely as necessary to provide the Service to you. This license does not permit KERN to use your content for any other purpose.
If you submit feedback, feature requests, or suggestions about the Service, you grant KERN the right to use that feedback without restriction or compensation to you. KERN is not obligated to act on any feedback.
KERN targets 99.5% monthly uptime for the Service, excluding scheduled maintenance windows. Scheduled maintenance will be communicated with at least 24 hours' notice where possible.
KERN is not liable for downtime caused by factors outside its reasonable control, including internet outages, third-party infrastructure failures, force majeure events, or your own systems or connectivity.
During the current beta period, uptime targets are best-effort. Formal SLA guarantees will be established upon general availability.
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, KERN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
KERN does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. KERN does not warrant that the Service will meet your specific requirements.
KERN is an operations management tool. It is not a substitute for professional safety judgment, OSHA compliance counsel, legal advice, or emergency response protocols. You remain solely responsible for the safety of your team and compliance with all applicable regulations.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KERN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL KERN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO KERN IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, KERN'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless KERN and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable attorneys' fees — arising out of or in connection with:
You may cancel your subscription at any time by contacting admin@getkern.io. Cancellation takes effect at the end of your current billing period. The Bronze tier may be retained at no charge after cancellation of a paid tier.
KERN may suspend or terminate your access to the Service if you materially breach these Terms and fail to cure the breach within 14 days of written notice. KERN may immediately suspend access — without prior notice — in cases of suspected fraud, illegal activity, security threats, or severe violations of the acceptable use policy.
KERN will never lock you out of your data. In the event of subscription lapse, non-payment, or termination for any reason, the Service enters read-only mode. You retain the ability to view and export your data during a reasonable wind-down period. KERN will never delete your data without prior notice and an opportunity to export it.
Following termination or cancellation, your data will remain accessible in read-only mode for a minimum of 60 days, giving you time to export everything you need. After that period, KERN will permanently delete your data from its systems, except where retention is required by law (such as OSHA-protected records).
You may request an immediate data export at any time during or after the wind-down period by contacting admin@getkern.io.
Before initiating any formal dispute, you agree to contact KERN at admin@getkern.io and attempt to resolve the matter informally. KERN will make a good-faith effort to resolve any dispute within 30 days of receiving written notice.
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any disputes that cannot be resolved informally shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with proceedings conducted in Texas.
You agree that any dispute resolution proceedings will be conducted on an individual basis only. You waive any right to bring or participate in a class action, class arbitration, or consolidated arbitration against KERN.
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent unauthorized use of the Service.
KERN may update these Terms from time to time. When we make material changes, we will notify you by email and through a notice in the app at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.
We will always maintain a record of previous versions of these Terms upon request.
If you have any questions about these Terms, please contact us:
We take all legal inquiries seriously and will respond promptly.