1. Accepting the Terms
- Kaavo’s website and IMOD application are provided as services, and in order to use the services, you must first agree to the Terms. You may not use the services/application if you do not accept the Terms.
- You can accept the Terms by clicking to accept or agree to the Terms.
- You may not use the Services and may not accept the Terms if
(a) you are not of legal age to form a binding contract with Kaavo, or
(b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
- Before you continue, you should print off or save a local copy of the Terms for your records.
2. Provision of the Services by Kaavo
- Kaavo may use subsidiaries and affiliated legal entities to provide the Services to you on behalf of Kaavo itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
- Kaavo will be constantly innovating and making changes to the IMOD application. You acknowledge and agree that the features of the application may change from time to time without prior notice to you.
3. Use of the Services by you
- Kaavo’s IMOD application provides valued added service to various cloud providers. As a user of IMOD application you agree to uphold the license / user agreements of the cloud providers to the extent it applies to your use of Kaavo’s IMOD application
- YOU UNDERSTAND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH THIS APPLICATION COMES FROM 3RD PARTY WEB SERVICES. KAAVO HAS NO CONTROL OVER THE CONTENT, AND MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE FUNCTIONALIBILITY OF SUCH CONTENT. ALL SUCH CONTENT IS PROVIDED TO YOU “AS IS.” THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME.
- You agree that any registration information you give to Kaavo for using the application will always be accurate, correct and up to date.
- You agree to use the application only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- Unless you have been specifically permitted to do so in a separate agreement with Kaavo, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You agree that you are solely responsible for (and that Kaavo has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Kaavo may suffer) of any such breach.
- The service is billed based on which edition of Kaavo IMOD you have subscribed to.
- The specific IMOD Edition you subscribed to may result in different response times, support hours, number of incidents, and type of support you will receive.
- If you cancel the Service before the end of your current paid period, your account will remain active until the next due date. After the due date, if no payment is received, your account will be disabled. After your account is disabled, you will no longer be able to use Kaavo IMOD or leverage the automation and management capabilities provided by Kaavo IMOD. Kaavo will not remove your data or terminate your servers or resources on the cloud. To cancel your cloud subscription you have to directly contact the cloud provider.
4. Your passwords and account security
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the application.
- Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify Kaavo immediately at firstname.lastname@example.org
5. USE OF PROPRIETARY SOFTWARE
Subject to the terms and conditions of this Service Agreement, Kaavo grants you an individual, non-sublicensable, non-exclusive and non-transferable license (the "License") to use its proprietary software, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this User Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that Kaavo and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein including the Kaavo Site, the Services, the Kaavo logo and trademarks (including, but not limited to, graphics, data, layout, "look and feel", inventions, patents, computer code, methods, and processes). Upon termination of this Agreement for any reason, this License will terminate and you will cease to use the software. THE SOFTWARE IS PROVIDED "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS AGREEMENT.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND KAAVO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. KAAVO MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE; NOR DOES KAAVO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THROUGH HYPERLINKS TO THE WEB SITES OF THIRD PARTIES OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF THE SERVICE AND INFORMATION RECEIVED USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA TRANSMITTED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSIONS OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7. LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT KAAVO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED (INCLUDING NEGLIGENCE) AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY CHANGES WHICH KAAVO MAY MAKE TO THE SERVICES OR THE IMOD APPLICATION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE KAAVO WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
8. Other content
- The Services may include hyperlinks to other web sites or content or resources. Kaavo may have no control over any web sites or resources which are provided by companies or persons other than Kaavo.
- You acknowledge and agree that Kaavo is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
9. Changes to the Terms
- Kaavo may make changes to the Terms from time to time. When these changes are made, Kaavo will make a new copy of the Terms available at the application website.
- You understand and agree that if you use the Services after the date on which the Terms have changed, Kaavo will treat your use as acceptance of the updated Terms.
10. General legal terms
- You agree that Kaavo may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
- You agree that if Kaavo does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Kaavo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Kaavo’s rights and that those rights or remedies will still be available to Kaavo.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- If differences cannot be resolved, Kaavo and User agree to mandatory mediation and binding arbitration using the meditation and arbitration services of the Better Business Bureau (BBB) for all business dealings. Detailed rules and procedures for mediation and arbitration can be found on the web site of the BBB.
- Both parties (Kaavo and User) agree not to disclose to any third party, confidential information of Kaavo, User, or anyone with a business or employment relationship with Kaavo or User. Both parties further agrees that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the services
- The Terms, and your relationship with Kaavo under the Terms, shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.