Terms of Service
This Terms of Service agreement ("Agreement") is a legal agreement between Kandor Solutions, Inc. ("Kandor", "we", "our", or "us") and you or the entity you represent ("you" or "your") governing your use of our services, including any websites, mobile applications, and other online services that link to this Agreement (collectively, the "Services").
1. Acceptance of Terms
By accessing or using the Services, you agree to be bound by this Agreement and our Privacy Policy. If you do not agree to the terms of this Agreement, you may not use the Services.
2. Description of Services
The Services provided by Kandor Solutions include Subscription to the Kinnect Platform and Professional Services. We may update, modify, or discontinue the Services at any time without notice.
3. Communications
By using the Services, you consent to receive communications from us, including but not limited to emails, notifications, and updates regarding your account and the Services. You may opt out of receiving certain communications by adjusting your account settings or by following the unsubscribe instructions included in the communication.
4. User Accounts
To access certain features of the Services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
We reserve the right to suspend or terminate your account and access to the Services at any time and for any reason, including but not limited to violation of this Agreement or misuse of the Services.
5. Data Security
We take reasonable measures to protect the security and confidentiality of your data in accordance with industry standards, including but not limited to SOC2 requirements. However, you acknowledge that no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.
6. Acceptable Use
You agree to use the Services only for lawful purposes and in compliance with this Agreement and all applicable laws and regulations. You may not use the Services to:
Violate the rights of others;
Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
Transmit any viruses, malware, or other harmful code;
Attempt to gain unauthorized access to any system or network;
Interfere with or disrupt the Services or servers or networks connected to the Services; or
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
7. Fees
You agree to pay all fees and charges associated with your use of the Services in accordance with our pricing and billing terms. All fees are non-refundable except as otherwise expressly provided in this Agreement or as required by law.
8. Intellectual Property
The Services and all content, features, copyrights, trademarks, trade secrets, and functionality thereof are owned by Kandor Solutions or its licensors and are protected by intellectual property laws. You may not modify, reproduce, distribute, or create derivative works based on the Services without our prior written consent.
You may provide feedback, suggestions, or ideas regarding the Services ("Feedback"). You grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use, modify, and incorporate Feedback into our products and services.
9. Limitation of Liability
In no event shall Kandor Solutions, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, or business, arising out of or in connection with the use or inability to use the Services, even if advised of the possibility of such damages.
10. Indemnification
You agree to indemnify and hold harmless Kandor Solutions 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 your use of the Services or any violation of this Agreement.
11. Disclaimer of Warranty
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, KANDOR SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles. Any dispute arising out of or in connection with this Agreement shall be resolved exclusively through arbitration in accordance with the rules of California.
13. Changes to this Agreement
We may update this Agreement from time to time by posting the updated terms on our website or through other means of communication. Your continued use of the Services after such changes constitutes acceptance of the updated terms.
14. Links to Other Websites
The Services may contain links to third-party websites or resources. Kandor Solutions is not responsible for the availability or accuracy of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that Kandor Solutions 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 the use of or reliance on any such content, goods, or services available on or through any such site or resource.
15. Assignment
You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Kandor Solutions. We may assign or transfer this Agreement, in whole or in part, to any third party without notice.
16. Waiver
The failure of Kandor Solutions to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing and signed by Kandor Solutions.
17. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the invalid, illegal, or unenforceable part had been eliminated.
18. Contact Us
If you have any questions or concerns about this Agreement, please contact us at legal@kandorsolutions.com.