Please read these Terms of Service ("Terms", "Terms of Service") carefully
before using the software, hardware, cloud services, website, and other related documentation
(the "Service") operated by KS Technologies, also known as KST and KS Technologies, LLC, ("us",
"we", or "our"). This agreement takes effect as of the date you (“you”, “your”, or “customer” is
the individual, company or any other entity) that has entered into this agreement with KS
Technologies purchase or use the Service or any one of such elements from KS Technologies, LLC
whether directly or indirectly.
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
the Service.
If you wish to purchase any product or service made available through the
Service ("Purchase"), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information. This agreement shall apply to and be effective upon customer’s purchase of any
software, hardware, cloud services, and related products.
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other
reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
We are constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products or
services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any
information found on the Service. Further, KST may from time to time and without prior notice
add, delete, or change the features, functionality of the Products and Services, including but
not limited to the Service itself.
We therefore reserve the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and periodic
basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual
basis, depending on the type of subscription plan you select when purchasing a
Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or KS Technologies
cancels it. You may cancel your Subscription renewal either through your
online account management page or by contacting KS Technologies customer
support team.
A valid payment method, including credit card, is required to process the
payment for your Subscription. You shall provide KS Technologies with accurate
and complete billing information including full name, address, state, zip
code, telephone number, and a valid payment method information. By submitting
such payment information, you automatically authorize KS Technologies to
charge all Subscription fees incurred through your account to any such payment
instruments.
Should automatic billing fail to occur for any reason, KS Technologies will
issue an electronic invoice indicating that you must proceed manually, within
a certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
KS Technologies may, at its sole discretion, offer a Subscription with a free
trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for
the Free Trial.
If you do enter your billing information when signing up for the Free Trial,
you will not be charged by KS Technologies until the Free Trial has expired.
On the last day of the Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected.
At any time and without notice, KS Technologies reserves the right to (i)
modify the terms and conditions of the Free Trial offer, or (ii) cancel such
Free Trial offer.
KS Technologies, in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
KS Technologies will provide you with a reasonable prior notice of any change
in Subscription fees to give you an opportunity to terminate your Subscription
before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable
When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on the Service infringes on the
copyright or other intellectual property rights ("Infringement") of any person
or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe
that the copyrighted work has been copied in a way that constitutes copyright
infringement, please submit your claim via email to info@kstechnologies.com,
with the subject line: "Copyright Infringement" and include in your claim a
detailed description of the alleged Infringement as detailed below, under
"DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees)
for misrepresentation or bad-faith claims on the infringement of any Content
found on and/or through the Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act
(DMCA) by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at info@kstechnologies.com
The Service and its original content, features and functionality are and will
remain the exclusive property of KS Technologies and its licensors. KS Technologies owns and
retains all right, title, and interest to all of the Products and Services, improvements, and
modifications.
The Service is protected by copyright, trademark, and other laws of both the
United States and foreign countries. Our trademarks and trade dress may not be
used in connection with any product or service without the prior written
consent of KS Technologies.
Our Service may contain links to third party web sites or services that are
not owned or controlled by KS Technologies
KS Technologies has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
You acknowledge and agree that KS Technologies shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods
or services available on or through any such third party web sites or
services.
We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the
Service.
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless KS Technologies and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
THE PRODUCTS, SERVICES, THE CLOUD SERVICE, ANY OTHER DELIVERABLES AND CONTENT ARE PROVIDED "AS
IS" AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ACCURACY,
OPERABILITY, USE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
KST HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES, ALL REPRESENTATIONS AND WARRANTIES
OF ANY KIND REGARDING THE PRODUCTS, SERVICES, DELIVERABLES AND KST CONTENT, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT, AND ANY WARRANTY THAT THEIR USE WILL PRODUCE ANY RESULTS, FINANCIAL OR
OTHERWISE. NEITHER KST NOR ITS AFFILIATES SHALL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY (A) FOR
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOST PROFITS (HOWEVER ARISING,
INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF KST HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) FOR DAMAGES ARISING OUT OR IN CONNECTION
WITH THIS AGREEMENT IN THE AGGREGATE IN EXCESS OF THE FEES PAID OR PAYABLE BY CUSTOMER PURSUANT
TO THIS AGREEMENT.
In no event shall KS Technologies, nor its directors, employees, partners,
agents, suppliers, or affiliates, 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
(i) your access to or use of or inability to access or use the Service; (ii)
any conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of
your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
KS Technologies its subsidiaries, affiliates, and its licensors do not warrant
that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of
Colorado, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.
Should KST be unable to perform any of its obligations as stated in this agreement due to Acts of God, riots, wars, governmental action, acts of suppliers, KST shall be relived from our performance of such obligation to the extent, and for the durations of such events as stated above.
If you have any questions about these Terms, please contact us at info@kstechnologies.com