Terms of Service

Posted: 19th June 2017

Welcome and thanks for using Kazoup! These Terms of Service (the “Terms”) form a contract between you and the provider of the Kazoup services, Kazoup Limited (“We”, “Us”, “Our”, “Kazoup”). These Terms cover your use and access to our services, client software and websites (“Service(s)”) and apply to all visitors, users, and others who access the Services (“Users”). By registering or using any of the Services, you signify that you have read, understood, and agree to be bound by these Terms and the current Privacy Policy which is incorporated in these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Kazoup that you have the authority to bind that organization to these Terms (in which event, “You” and “Your” will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Kazoup and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning this Agreement, please contact legal@kazoup.com.

We reserve the right to amend these Terms at any time and without notice. If we do this, we will post the amended Terms on this page and indicate at the top of the page the date the Terms were last revised. Any changes or modifications will be effective immediately upon the posting of such revisions or when such revisions are made available via the Service, and you waive any right to specific notice of such changes or modifications. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don’t agree to any of the changes, we’re not obligated to keep providing the Service, and you must cancel and stop using the Service.

Please note that Kazoup doesn’t provide warranties for the Services. This contract also limits our liability to you. See Disclaimer And Warranties and Limitation of Liability of these Terms for details.

Software

You may access and use the Software in accordance with these Terms. You must adhere to all laws, rules, and regulations applicable to Your use of the Software. Once downloaded You may use the Software in accordance with these Terms. Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, You agree not to: (i) copy the Software except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of backup or operational security; (ii) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software; (iii) make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs; or (iv) disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things.

Your Account

To access the Services, You must create an account associated with a valid email address. You are responsible for all activities that occur under Your account, regardless of whether the activities are undertaken by You, Your employees or a third party (including Your contractors or agents) and whether or not such activities are authorised by You. Kazoup will not be liable for any loss or damage arising from any unauthorized use of your accounts. If a third party such as an employer, or school gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account’s usage and profile data, including how and when your account is used.. If you are an individual Registered User of the Service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor or member of such organization, and that organization wishes to establishes a commercial relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the commercial relationship between Kazoup and such organization and controlled by such organization. You must contact Us immediately if You believe an unauthorized third party may be using Your account or if Your account information is lost or stolen.

Account Information from Third Party Sites

With the Service, Users may direct Kazoup to retrieve their own information maintained online by third-party service providers with which they have customer relationships or maintain accounts. Kazoup works with one or more online service providers to access this account information. Kazoup makes no effort to review the account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Kazoup cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Kazoup cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation and may not be as reliable as other Services.

Consent to electronic communications and solicitation

By registering with Kazoup, you understand that we may send you communications or data regarding the Services, including but not limited to: (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and (c) promotional information and materials regarding Services, via electronic mail. We give you the opportunity to opt-out of receiving promotional electronic mail from us by following the opt-out instructions provided in the message.

Protection of Data

We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of data. Except for material that we license to you, we don’t claim ownership of any data that is transmitted, stored, or processed in your account(s). We also don’t control, verify, or endorse the data that you and others make available on the Service. We provide functions that allow you to control who may access your data. If you enable the features that allow you to share the data with others, anyone you’ve shared data with (including the general public, in certain circumstances) may have access to your data. You hereby grant Kazoup and its contractors the right to transmit, use and disclose data posted on the Service solely to the extent necessary to provide the Service, as otherwise permitted by these Terms, or to comply with any request of a governmental or regulatory body (including subpoenas or court orders), as otherwise required by law, or to respond to an emergency which Kazoup believes in good faith requires Kazoup to disclose information to assist in preventing the death or serious bodily injury of any person.

Fees And Payment

We reserve the right to require payment of fees for use of the Services. You shall pay all applicable fees, as described on the website in connection with such Services selected by You. We reserve the right to change Our price list and to institute new charges at any time, upon notice to You, which may be sent by email or posted on the website. Your use of the Services following such notification constitutes Your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable. From time to time, We may offer free or discounted pricing offers covering certain usage of the Service (each, a “Discounted Pricing Offer”). We may stop accepting new sign-ups or discontinue a Discounted Pricing Offer at any time. Standard charges will apply after a Discounted Pricing Offer ends or if You exceed the limitations by the Discounted Pricing Offer. You must comply with any additional terms, restrictions, or limitations for the Discounted Pricing Offer as described in the offer terms for the Discounted Pricing Offer.

When you subscribe to the Service for a fee, you are redirected to Stripe (a payment processing service) which will receive your updated credit card information, process your payment and confirm your purchase. We will never receive your financial information or process your payment. We will not be liable for any damage or loss incurred as a result of your use of Stripe, including but not limited to, any attempt by third parties to gain unauthorized access to or use your financial information. If You provide credit card information to Us, You authorize Us to charge such credit card for the selected Services.
Information Collection

In event of an error in the installation of Service You agree to automatically transfer information about the error code, the distribution package of the software being used, as well as data from the installer about the installation of Service.

Acceptable Use

You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or Kazoup and/or to build a similar service or website. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by Kazoup) to access or use the Service. In addition, you promise that you will not and will not encourage or assist any third party to:

modify, alter, tamper with, repair or otherwise create derivative works of any Software;

reverse engineer, disassemble or decompile the software used to provide or access the Service,

remove, obscure or alter any proprietary rights notice pertaining to the Service;

access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;

use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit inappropriate content containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, that could constitute a criminal offense, or in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;

interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;

or

share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service.

Disclaimer And Warranties

We do not warrant that the Services will meet your requirements or that its operation will be uninterrupted or error‐free. Except as expressly stated in these Terms, the Services are provided and licensed “as is” and with all faults. Except as stated in these Terms, there are no warranties, representations, or conditions, express or implied, written or oral, arising by statute, operation of law, or otherwise, regarding the Services in connection with these Terms. Unless otherwise stated in these Terms, and to the maximum extent permitted by applicable law, We, its corporate affiliates, subsidiaries, agents, licensors and its authorized representatives disclaim all warranties and conditions, whether express, implied, or statutory, including without limitation any (if any) warranties or conditions of or related to: merchantability, durability, fitness for a particular purpose, lack of viruses, non-infringement, accuracy or completeness of responses, results, workmanlike effort, and lack of negligence. You assume all faults, and the entire risk as to performance and responsibility for selecting the Service to achieve your intended results, and for the installation of, use of, and results obtained from the Services without limiting the foregoing provisions, We make no representation and gives no warranty that the Services will be free from interruptions or other failures or that the Services will meet any or all of your requirements whether or not disclosed to Us.

Third-Party Interactions

When using Kazoup’s services, you may encounter links to sites operated by third parties. These links are offered solely as a convenience to Users. The linked sites are not under Kazoup’s control and we make no representations, warranties, or endorsements of any such linked sites or of any business listed to Kazoup or the information, materials, products or services contained on such linked sites or accessible through other linked sites. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Kazoup shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

Limitation Of Liability

In no event shall We, its corporate affiliates, subsidiaries, agents, licensors and its authorized representatives, or their Respective Officers, Directors, Employees, Or Agents be liable to You, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any loss of income, business profits or contracts, anticipated savings, information, opportunity, goodwill or reputation or business interruption or damage to or corruption of data (in each of the foregoing cases) whether of a direct or indirect nature nor for any indirect or consequential loss or damage. Further, We will not be responsible for any compensation, reimbursement, or damages arising in connection with: (a) Your inability to use the Services, including as a result of any (i) termination or suspension of these Terms or Your use of or access to the Services, or (ii) Our discontinuation of any or all of the Services. Our maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the amount that You have actually paid to Us under these Terms for the Services. Nothing in these Terms shall limit or exclude the liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation or any other thing which cannot be properly excluded by law.

Intellectual Property Rights

You acknowledge that all Intellectual Property Rights in the Software belong to Us or its licensors and including without limitation, rights in all concepts, ideas, methods, methodologies, procedures, processes, techniques (including, without limitation, function, process, system and data models); templates; the generalized features of the structure, sequence and organisation of software, user interfaces and screen designs; general purpose consulting and software tools, utilities and routines; and logic, coherence and methods of operation of systems; proprietary computer software, software libraries, algorithms, materials, products, and designs; and know-how used by Us or our affiliates in providing the Software. You may use them only for the purpose of receiving the Services. You must not copy them or make any other use of them. Your sole right to use such Intellectual Property Rights are as described in these Terms.

Kazoup and the Kazoup logo are including without limitation, either trademarks, service marks or registered trademarks of Kazoup Limited, and may not be copied, imitated, or used, in whole or in part, without Kazoup’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

Kazoup may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Service. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Service does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Suspension and Termination

You’re free to stop using our Services at any time. We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, with or without notice, and without incurring liability of any kind. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the data that is stored with the Service. We’ll of course provide you with notice via the email address associated with your account before we do so. In addition to other termination provisions, if your account it not currently subject to a paid subscription plan with us, we at our discretion may terminate your account if you haven’t accessed our Services for 12 consecutive months

Indemnification

You hereby agree, at Your expense, to indemnify, defend and hold harmless Us, its corporate affiliates, subsidiaries, agents, licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (i) Your use of the Services; (ii) breach of these Terms or violation of applicable law by You or any User; (iii) any third party claim, action or allegation that any Customer Data, information, data or content that You have submitted in connection with the Services infringes any Intellectual Property Rights; or (iv) a dispute between You and any User. We reserve the right, at our own expense and sole discretion, to assume the exclusive defenses and control of any matter otherwise subject to indemnification by You.

Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the English courts.

Entire Agreement

These Terms constitute the entire agreement between You and Kazoup with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Kazoup’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Kazoup may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

No Right of Survivorship and Non-Transferability

If you are a living person, you agree that your account is non-transferable and your rights to the content within your account terminate upon your death, however the content may thereafter be available and accessible by administrative Users.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement is:

Attn: DMCA Copyright Agent
Kazoup Limited
3 Bridges Court
London, SW11 3BB
email: legal@kazoup.com

Federal law requires your DMCA Notice to include the following information:

Identification of the copyrighted work that you claim has been infringed;

Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;

Your address, telephone number, and e-mail address;

A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and

Your physical or electronic signature.