TERMS OF SERVICE
----
OVERVIEW
This website is
operated by Kaali, Inc. Throughout the site, the terms
"we", "us" and "our" refer to Kaali, Inc. Kaali, Inc offers this website, including all information,
tools and services available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site
and/ or purchasing something from us, you engage in our "Service" and
agree to be bound by the following terms and conditions ("Terms of
Service", "Terms"), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These
Terms of Service apply to all users of
the site, including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please read these
Terms of Service carefully before accessing or using our website. By accessing
or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you
may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or
tools which are added to the current store shall also be subject to the Terms
of Service. You can review the most current version of the Terms of Service at
any time on this page. We reserve the right to update, change or replace any
part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.
SECTION 1 - ONLINE
STORE TERMS
By agreeing to these
Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent to allow
any of your minor dependents to use this site.
You may not use our
products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).
You must not transmit
any worms or viruses or any code of a destructive nature.
A breach or violation
of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL
CONDITIONS
We reserve the right
to refuse service to anyone for any reason at any time.
You understand that
your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over
networks.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by
us.
The headings used in
this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 3 - ACCURACY,
COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible
if information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only and
should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain
certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify
the contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 -
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our
products are subject to change without notice.
We reserve the right
at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be liable
to you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 - PRODUCTS
OR SERVICES (if applicable)
Certain products or
services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made every
effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We reserve the right,
but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the sole discretion
of us. We reserve the right to discontinue any product at any time. Any offer
for any product or service made on this site is void where prohibited.
We do not warrant that
the quality of any products, services, information, or other material purchased
or obtained by you will meet your expectations, or that any errors in the
Service will be corrected.
SECTION 6 - FAIR USE
POLICY
We will ask for your
express agreement to the terms of this Policy before you upload or submit any
Content or otherwise use the Services.
You must be at least
18 years of age to use the Services; and by using the Services, you warrant and
represent to us that you are at least 18 years of age.
You must not use the
service on behalf of others.
You must not duplicate
accounts in order to use the service for free for more than 7 days.
You must not order
more than 2 PROFFESSIONAL plans in order to avoid enterprise licences.
You must not use the "very fast" speed of the automation modules if you are using the account for the first time, or don't know what you are doing. You must start slow and then increase the speed gradually.
You must not upload
more than 2gb per day.
SECTION 7 - ACCURACY
OF BILLING AND ACCOUNT INFORMATION
We reserve the right
to refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer account,
the same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order, we may
attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide
current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed.
For more detail,
please review our Returns Policy.
SECTION 8 - OPTIONAL
TOOLS
We may provide you
with access to third-party tools over which we neither monitor nor have any
control nor input.
You acknowledge and
agree that we provide access to such tools "as is" and "as
available" without any warranties, representations or conditions of any
kind and without any endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools.
Any use by you of
optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the
terms on which tools are provided by the relevant third-party provider(s).
We may also, in the
future, offer new services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services shall
also be subject to these Terms of Service.
SECTION 9 -
THIRD-PARTY LINKS
Certain content,
products and services available via our Service may include materials from
third-parties.
Third-party links on
this site may direct you to third-party websites that are not affiliated with
us. We are not responsible for examining or evaluating the content or accuracy
and we do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
services of third-parties.
We are not liable for
any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
SECTION 10 - USER
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request,
you send certain specific submissions (for example contest entries) or without
a request from us you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.
We may, but have no
obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party's
intellectual property or these Terms of Service.
You agree that your
comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise
unlawful, abusive or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the origin
of any comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 11 - PERSONAL
INFORMATION
Your submission of
personal information through the store is governed by our Privacy Policy.
Your privacy is important to us. It is Kaali, Inc's policy to respect your privacy regarding any information we may collect from you across our website, https://kaali.app, and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.
We don’t share any personally identifying information publicly or with third-parties, except when required to by law.
If you use our Google Drive Connector the app will be able to transfer files from your Google Drive to your Kaali cloud, it won't store or share any data.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
This policy is effective as of 2 December 2018.
SECTION 12 - ERRORS,
INACCURACIES AND OMISSIONS
Occasionally there may
be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no
obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Service or
on any related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
SECTION 13 -
PROHIBITED USES
In addition to other
prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 14 -
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND REFUNDS
We do not guarantee,
represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.
We do not warrant that
the results that may be obtained from the use of the service will be accurate
or reliable.
You agree that from
time to time we may remove the service for indefinite periods of time or cancel
the service at any time, without notice to you.
You expressly agree
that your use of, or inability to use, the service is at your sole risk. The
service and all products and services delivered to you through the service are
(except as expressly stated by us) provided 'as is' and 'as available' for your
use, without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall
Kaali, Inc, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but
not limited to, any errors or omissions in any content, or any loss or damage
of any kind incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 15 -
INDEMNIFICATION
You agree to
indemnify, defend and hold harmless Kaali, Inc and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.
SECTION 16 -
SEVERABILITY
In the event that any
provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed
to be severed from these Terms of Service, such determination shall not affect
the validity and enforceability of any other remaining provisions.
SECTION 17 -
TERMINATION
The obligations and
liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of Service
are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer
wish to use our Services, or when you cease using our site.
If in our sole
judgment you fail, or we suspect that you have failed, to comply with any term
or provision of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts due up to
and including the date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
SECTION 18 - ENTIRE
AGREEMENT
The failure of us to
exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service
and any policies or operating rules posted by us on this site or in respect to
The Service constitutes the entire agreement and understanding between you and
us and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 19 - GOVERNING
LAW
These Terms of Service
and any separate agreements whereby we provide you Services shall be governed
by and construed in accordance with the laws of Calle Benito Moncion 52, , 01,
10608, Dominican Republic.
SECTION 20 - CHANGES
TO TERMS OF SERVICE
You can review the
most current version of the Terms of Service at any time at this page.
We reserve the right,
at our sole discretion, to update, change or replace any part of these Terms of
Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT
INFORMATION
Questions about the
Terms of Service should be sent to us at help@kaali.app