The Kiteops app ("App") is offered by Kiteops, ("Company") to provide businesses and individuals access to a rich collection of resources related to server management and server configuration, including without limitation access to tools and information related to server management, server configuration, server automation, hosting companies, cloud providers. The App includes the web site at www.kiteops.com ("Site") and incorporates any related website controlled by Company including without limitation www.kiteops.com/dashboard. The Company may change the App from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the App.
You may access the Site or App as a user ("User") with a free account. While access to certain components of the Site and selected features of the App is free, the Company reserves the right to charge fees for features and benefits associated with the Site or App at any time and without notice.
For purposes of this Agreement, a User who pays for any portion of the Site or App shall be referred to as a "Subscriber". As a Subscriber, you must agree to the payment terms presented to you at the time you sign up on the Site.
Subscribers are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription, and must visit your Billing page to find out when your account or subscription is set to renew. Subscriptions recur either monthly or annually, depending upon the renewal term you choose during the sign up process
You are responsible to ensure that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use it. If the Company cannot charge your credit card, we may cancel your subscription and you may lose access to the App and any data associated with your subscription.
Invoiced Subscriptions. Some accounts can be paid for via invoicing with mutual agreement between the parties. There may be extra fees associated with invoiced accounts. If the Company has agreed to enter into an invoicing relationship with you, all invoices must be paid within 30 days. You agree that we may cancel your subscription and you may lose access to the App and any data associated with your subscription for past due accounts and that you are liable for attorneys' fees and reasonable collection costs arising from Company's efforts to collect on past due amounts.
Cancellation. For security reasons, an email or phone call to the Company is not sufficient to cancel your account or subscription, which you may cancel at any time by selecting the close account link on your Account page. Cancellation does not entitle you to a refund. You will continue to have access to the Site and App until the end of your subscription term.
No Refunds. Kiteops is not obligated to provide you a refund at any time. If you choose to cancel your account during your subscription term, you will not be refunded in whole or in part. If you choose to downgrade your membership level during your subscription term, you may be entitled to a pay a lower, pro-rated amount at renewal, but you are not entitled to a cash refund at any time.
Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a User uploads, publishes or displays on the Site or in connection with the App, whether publicly posted or privately transmitted shall be referred to herein as "User Generated Content".
Kiteops assumes no obligation to and does not routinely pre-screen User Generated Content posted via the Site or in connection with the App. Kiteops does not guarantee the accuracy, integrity, appropriateness, quality, or validity of User Generated Content. User Generated Content does not necessarily represent the views or opinions of Kiteops and under no circumstances will Kiteops be liable in any way for any User Generated Content, including without limitation any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Site. As such, you are solely responsible at your own expense for creating backup copies and replacing any User Generated Content you post or store on the Site or provide to Kiteops. Notwithstanding its lack of obligation, Kiteops may remove any User Generated Content at any time at its sole discretion, including User Generated Content that in the sole judgment of Kiteops violates this TAC or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Kiteops assumes no obligation to maintain or store your content. Kiteops may delete, modify or restrict the display of User Generated Content at any time for any reason, including but not limited to change in Subscriber account level, App cancellation, violation of the TAC; once deleted, User Generated Content may not be retrieved.
Kiteops does not claim ownership of User Generated Content and subject to the rights granted to Kiteops in this TAC, you retain full ownership of all of User Generated Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it.
When you post User Generated Content to the Site, you authorize and direct Kiteops to make such copies as Kiteops deems necessary to facilitate the posting and storage of User Generated Content on the Site and provide the App to you.
Your further authorize Kiteops to anonymize and aggregate User Generated Content, including data associated with your social media profiles, and use it, by way of example, for benchmarking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the Site, you grant the Company, its affiliates and partners an irrevocable, perpetual, world-wide, royalty free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated User Generated Content, in all present and future media, and in any manner relating to the Site or App.
In addition, with respect to User Generated Content that you elect to post or transmit on the community portions of the Site ("Interactive Content"), including your User Profile and the Q&A service, and any other future Kiteops sites or services that are designed to be viewed by the public or other Subscribers, you agree to grant to Kiteops, its affiliates and partners an irrevocable, perpetual, world- wide, royalty free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such Interactive Content, in whole or in part, in all present and future media and in any manner relating to the Site or App (including, without limitation, in connection with the appearance of such Interactive Content on Kiteops and on the sites of our affiliates, partners and others with whom Kiteops may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that Kiteops is free to use any ideas, know-how, concepts, techniques or other materials implied by Interactive Content.
You may remove Interactive Content from the Site at any time. If you choose to remove Interactive Content, any license granted above for the content shared by on you on the community portions of the Site will remain in effect and you acknowledge that Kiteops may retain archived copies.
Kiteops may establish limits concerning use of the App at its discretion, including by way of example the frequency with which you may access the App or your ability to post User Generated Content. Kiteops reserve the right to modify or discontinue the App (or any part or feature thereof) at any time without notice. You agree that Kiteops shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App.
Beta Apps. From time to time, Kiteops may add new features to the Apps that may be described as "beta" services or features (collectively, "Beta Features"). Beta Features will be considered part of the App and all provisions of this Agreement relating to the App will apply to the Beta Features. Users and Subscribers acknowledge that Beta Features may be untested, non-functional, and/or partially functional features of the App.
If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, Kiteops disclaims any and all warranties associated with any Beta Feature. Any risk that Beta Features may harm or interrupt the regular running your software or hardware is borne entirely by Users.
Kiteops owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site ("Kiteops Content"). Kiteops Content excludes User Generated Content.
Kiteops also owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Kiteops Content, the Site and App, which are protected by applicable intellectual and proprietary rights and laws.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Kiteops Content in whole or in part except as expressly authorized in writing by Kiteops. Kiteops does not grant any express or implied rights in Kiteops Content to Users, and all rights in and to the Site and to Kiteops’s Content are retained and reserved by Kiteops.
Moreover, the term Kiteops and anything on the site that identifies or distinguishes Kiteops from other goods are services are registered or unregistered trademarks of the Company (the "Kiteops Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Kiteops Trademarks without the Company's prior written consent.
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Kiteops at firstname.lastname@example.org or contact us through the Contact form available on the Site.
You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the App that you claim is infringing with enough detail so that Kiteops may locate it; provide a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit Kiteops to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.
Upon receipt of notice as described above, Kiteops will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the App or termination of the posting account.
Users agree to indemnify and hold Kiteops and its affiliates, officers, agents, subsidiaries, partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) User Generated Content you submit, post, transmit, or make available through the App, (ii) your unauthorized use of the Site or App, (iii) your connection to the App, including your use of the App to provide a link to another site or to upload content or other information to the Site, or (iv) your violation of the Terms and Conditions or Kiteops Community Etiquette, or (v) your violation of any rights of another including but not limited to another's copyright or other intellectual property right.
Kiteops provides the App "as-is". Kiteops provides no express warranties, guarantees, or conditions related to the Site or App. To the extent permitted by law, Kiteops disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, Kiteops does not warrant that the Site or App will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User or Subscriber. Users may have additional rights as a consumer under local law that this Agreement cannot change.
You acknowledge that Kiteops cannot provide the App at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Site or App, you agree to limit Kiteops's potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the bargain between Kiteops and you as a User.
Kiteops does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or App, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will Kiteops or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Users.
To the extent permitted by applicable law, Kiteops shall not be liable for any consequential, special, or incidental damages or lost profits resulting from your access to or use of the Site or App, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. This includes your inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the App or any part thereof) the Site or App. Without limiting the foregoing, you specifically acknowledge that Kiteops is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to the Site, App or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the App and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the App in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or even if Kiteops knew or should have known about the possibility of the damages.
Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
Electronic Form. By accessing the Site or App, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.
Notices. If Kiteops must send you additional information regarding the Site or App or in connection with this Agreement, you consent to receiving this information electronically. Kiteops may provide required information to you by email at any address you registered with the Site or App or via the Site or App itself. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. Kiteops is not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.
Forum and Jurisdiction. This Agreement is governed by the laws of Romania, without regard to its conflict of law provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Timisoara, Romania; to which jurisdiction and venue you and Kiteops each irrevocably consent.
Additional Rights and Obligations. If any provision of this TAC is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or effect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. Kiteops may assign rights or delegate duties under this TAC in connection with a merger, reorganization, or sale of substantially all of its assets. This TAC will bind successors and permitted assigns.