Terms and Conditions
1.Services. Subject to the terms and conditions of this Agreement, Kaleo Apps, Inc. (“Kaleo”) will provide Customer the Services and hereby grants Customer a non-exclusive right to access and use the Services during the Term. Kaleo will retain all intellectual property rights relating to the Services.
2.Payment. Customer will pay Kaleo the Fees set forth in the Order Form. All Fees are due when order is place. All Fees are earned when received and are non-refundable.
3.Confidentiality; Restrictions. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except as expressly permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required by law. Further, Customer will not, and will not permit any third party to reverse engineer or otherwise attempt to discover the source code or underlying structure or algorithms of the Services (except to the extent such restrictions are contrary to applicable law), modify or create derivative works based on the Services, or otherwise use the Services outside of the scope permitted under this Agreement.
4.Term and Termination. Customer agrees to sign up for a minimum term length of 12 months. Billing will be collected monthly, quarterly, semiannually or annually. The Agreement will continue for the entirety of the Term and automatically renew for successive periods equal to the Term unless either party gives notice of nonrenewal thirty (30) days before the date of termination. Either party may terminate this Agreement at any time upon 30 days written notice to the other party, or within 10 days if the other party materially breaches this Agreement and does not cure such breach within the ten day notice period. If a Customer terminates this agreement before the current term is over, the customer will still be responsible to pay for the remaining balance of the term. Termination or expiration of this Agreement shall not affect any rights or obligations of the parties, including the payment of amounts due, which have accrued up to the date of such termination or expiration. The provisions of Sections 4-8 shall survive termination or expiration of this Agreement.
5.Warranties; Disclaimer. Kaleo warrants that (a) the Services will operate in material conformity with any specifications set forth in writing by Kaleo, and (b) it will perform the Services in a professional and workmanlike with employees having a level of skill commensurate with the requirements of this Agreement. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH, KALEO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE.
6.Limitation of Liability. EXCEPT FOR EITHER PARTY’S BREACH OF SECTION 4, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE DELAY OR INABILITY TO USE THE SERVICES (INCLUDING LOST PROFITS) OR (B) ANY OTHER DAMAGES IN EXCESS OF THE AGGREGATE FEES (AND PAYABLE) PAID TO KALEO HEREUNDER IN THE TWELVE (12) MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
7.General. For all purposes under this Agreement each party shall be and act as an independent contractor and shall not bind nor attempt to bind the other to any contract. This Agreement and any dispute arising hereunder shall be governed by the laws of the State of California, without regard to the conflicts of law provisions thereof. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover reasonable costs and attorneys’ fees. Without limiting anything herein, and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party. Neither party shall have the right to assign this Agreement, except that either party may assign its rights and obligations without consent to a successor to substantially all its relevant assets or business. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated so that this Agreement shall otherwise remain in full force and effect and enforceable.
8. Hosting Limits. Each website is allocated 10,000 unique visits per month and 5GB of local storage and Unlimited Data Transfer. Each additional GB after 5GB will be an additional $2 per month.
9. Payment. Customer will pay Kaleo the Fees set forth in the Order Form; such fees are due when the order is placed and are nonrefundable. If Customer utilizes Kaleo’s optional ecommerce platform, additional fees may be incurred based upon usage and such fees will automatically be deducted from Customer’s merchant account as more fully described in Customers e-commerce portal.
1. Information Collection
Information You Provide
If you register for an account, you must provide certain personally identifiable information on our order form; in particular, certain contact information (including your name, address, email address, and billing address) and financial information (including credit card number and expiration date), which we use for billing purposes, to fill your orders and enable our giving functionality. If we have trouble processing an order, we will use this information to contact you. You will not be able to open an account if you do not provide the information that is identified as required in the account registration and/or purchase process.
When registering for an account or using other features on the Site, you may also have the option to provide business and additional demographic information to us. We encourage you to submit this information so we can provide you a more personalized experience on our Site, but such information is not required to use the Site.
If you submit a testimonial to the Site, we may collect your name, email address and any other personally identifiable information that you voluntarily include in your testimonial.
If you subscribe to a newsletter, we may collect your name and email address.
From time-to-time we may provide you with the opportunity to participate in our contests, surveys on the Site or our Ambassador affiliate referral program. If you participate, we may request certain personally identifiable information from you. Participation in these surveys, contests and programs is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes demographic information (such as zip code), and could also include contact information (such as your name and address).
Automatically Collected Information
As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, to administer the Site, to understand users’ movements around the Site and to gather demographic information about our user base as a whole.
We may also use “cookies” to recognize specific visitors and more quickly provide personalized content, or grant you unimpeded access to the Site. Cookies are small text files a Web site can use to recognize repeat users. With cookies enabled, you may not need to fill in password or contact information. Information gathered through cookies also helps us measure use of our Site. Cookie data allow us to track usage behavior and compile data that we can use to improve the Site.
2. Information Use
Communications from Kaleo
We will use your information to communicate with you and provide you with transactional messages in response to your inquiries, to provide the services you request, and to manage your account. For example, when you register for an account , you will receive a short welcome email.
We will send you service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. If you are a paid subscriber, you may also receive emails regarding your account status and billing. Generally, you may not opt-out of these transactional communications which are not promotional in nature.
We may use your information to contact you about other products or services that we offer and about products and services of third parties in which you may be interested. You may opt out of receiving such communications from us at any time (but not the transactional emails described in the paragraphs above) by contacting us at firstname.lastname@example.org.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe from newsletters at any time.
We post testimonials on the Site that you submit to us from time to time. We always request permission to post your testimonial on the Site, and we may use your information to contact you for the purpose of requesting such permission.
Kaleo reserves the right to perform statistical analyses of user behavior and characteristics. We do this in order to measure interest in, and use of, the various areas of the Site. Statistical analyses are performed on anonymized, aggregated data.
Kaleo may collect IP addresses for system administration and record keeping. Your IP address is automatically assigned to your computer when you use the World Wide Web. Our servers record incoming IP addresses. By tracking IP addresses, we can determine which web sites refer the most people to Kaleo. The IP addresses are analyzed in the aggregate.
3. Sharing Information with Third Parties
We may use third parties to provide billing services on our Site. When you purchase a service from us, we may share contact and credit card information as necessary for the billing service provider to provide that service.
Other Third Parties
4. Disclosures Required by Law
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us.
5. Merger or Other Acquisition
We may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which Kaleo participates or to a purchaser of all or substantially all of Kaleo’s assets to which this Site and its Services relates.
6. Opting Out of Communications from Kaleo
Upon request, Kaleo will allow any user to opt out of our monthly newsletter and from receiving emails about other products and services. You can contact us by email (email@example.com), or follow the unsubscribe instructions included in each promotional email sent to you, including the newsletter.
7. Accessing, Changing or Deleting your Information
We endeavor to ensure that your personally identifiable information is accurate by collecting it directly from you and providing you with the ability to update it.
If your personally identifiable information changes, you may request us to correct or update your personally identifiable information by emailing our Customer Support at firstname.lastname@example.org, or by contacting us by postal mail at the address listed below.
9. Links to Other Web Sites