END USER LICENSE AGREEMENT (EULA)
This End User License Agreement (“Agreement”) and all of the terms and conditions herein applies to cloud-based services and/or products provided by KASAH Technology, Inc. (“Company) and User (“User”).
READ THIS AGREEMENT CAREFULLY
This Agreement is a legally binding agreement between Company and User and contains important terms and conditions relating to matters such as proprietary rights, indemnities, and liability.
By registering for services, User acknowledges that User has read, understands and agrees to all of the terms, conditions, obligations and limitations of this Agreement. User agrees that that this Agreement governs User’s use of the services.
TERMS AND CONDITIONS
The term of this Agreement shall commence when the when the Company provides access to the services and/or products. This Agreement shall be valid until the Agreement is expressively terminated in writing by User and/or Company.
2. Company’s Obligations.
Company shall provide User with access to the Software and user products.
3. Basic Information Provided By User.
In order to provide services to User, Company may collect from User and store in its cloud or other storage system basic information including, without limitation, User’s name and email address(es), and information regarding User or other products, equipment and/or systems present in User premises (collectively, “Basic Information”). Company shall have the right to use Basic Information for any purpose related to Company’s internal business activities.
4. Additional Information Company May Collect.
Company may collect information from User including without limitation
(a) device-specific information regarding User’s smartphone, tablet, computer or other device(s) which are used to interact with a Company product or service,
(b) information about which Company product(s) or service(s) User interacts with, and User’s navigation among such product(s) or services,
(c) the location of User’s device(s),
(d) system configuration and information about the individual components of User’s system, and
(e) questions or inquiries with customer service or technical support (collectively, “Services Information”).
Company shall have the right to store Services Information in its cloud or other storage system and to
(a) share Services Information (in a form in which a user is not identified) with its authorized third party partners,
(b) perform data analyses for the purpose of improving Company’s products or Services or developing new products or services.
5. Objectionable User Generated Content and Abusive Users.
Objectionable user generated content is content that most users would find to be offensive, upsetting, or inappropriate. Company does not tolerate and forbids Users from engaging in objectionable user generated content. Company reserves the right to remove any objectionable user generated content, and block Users who post such content. Company may deny services to User by blocking access or termination of User accounts if any objectionable user generated content is posted.
Some examples of objectionable content include
(a) Defamatory commentary and hate speech about religion, gender, race and other targeted groups,
(b) Overly sexual material of an explicit nature,
(c) Portrayals of extreme violence or content that encourages violence,
(d) Bullying and harassment, and
(e) Illegal activities such as drug use and gambling.
Company shall have the right to dissolve the Agreement if User is in breach of any of its obligations under this Agreement. Company may provide User with written notice of default and may set a reasonable term in which the breach may be remedied. Company shall never be liable for damages due to termination. Upon termination of this Agreement, User shall cease any and all use of the services and/or products from the date of termination.
7. Proprietary Rights.
The materials displayed on or contained within the site including, without limitation, all site software, design, text, editorial materials, informational text, photographs, illustrations, games, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of Company or its licensors and are protected by copyright, trademark and other intellectual property laws. Company’s name, design and related marks are trademarks of Company, all rights reserved.
Company hereby grants User a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only. User agrees not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of Company. Use of Materials is only permitted with the express written permission of Company and/or its licensors.
1. Collection of Information.
Information is collected to provide unique and enhanced user experiences. Such information is collected through two methods: information provided by User to Company, including personal information such as User’s name and email address that User enters in their User profile, and information collected through the use of our services. Such information can include:
(a) Device information such as what device User is using to access our services which may include hardware model, operating system, and mobile network information. This helps us to adapt our service to differences that arise due to hardware model such as screen resolution and screen size. Determining the operating system allows us to make sure that services in the form of downloadable software is not installed in inapplicable operating systems or operating system versions. Mobile network information allows us to determine if User’s mobile connection may be resulting in inefficiencies in our providing the service to User in the form of long transfer times or limitations in maximum data size.
(b) Log information such as User’s internet protocol address, date and time information of when User accessed our services, and log duration. Such information allows us to protect User from multiple access to the same account, and to control the usage of the service in areas where legally Company is not allowed to provide the particular service. Date and time information helps us determine when errors and breaks in service delivery occurred to improve the service in future versions.
(c) Location information which can be collected by mobile device GPS signals as well as through various technologies that can also be used to determine user location such as User’s internet protocol address, or location determined by access to cell phone tower or Wi-Fi access points. Certain functionality within the service rely on location information to display such information within the service as well as additional information such as weather conditions dependent on the collected information. User will be able to determine if such location information will be made available to the service through the device and will not be collected without the explicit approval of User.
(d) Cookies and anonymous identifiers may be sent to User’s device to collect and store information when accessing our services.
Company will attempt to provide access to User personal information collected through our services and provide methods to delete, edit, or update such information unless they cannot be provided due to legitimate business or legal purposes. To create fail-safes within our services, backups of our data may be retained and the updates, edits and deletions made by User within our active services may not be extended to such data. Such backups are used only to provide a fail-safe to potential data loss and to rebuild our service in the case such data loss occurs, and not supplied to any third party for any reason.
2. Sharing of Personal Information.
Company does not share personal information with companies, organizations and individuals outside of Company unless one of the following circumstances apply:
1) Company will share personal information with companies, organizations, and individuals outside of Company when Company is given User’s consent to do so.
2) Company will share personal information with companies, organizations, or individuals outside of Company if Company has a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
(a) Meet any applicable law, regulation, legal process or enforceable governmental request.
(b) Enforce applicable Terms and Conditions, including investigation of potential violations.
(c) Detect, prevent, or otherwise address fraud, security or technical issues.
(d) Protect against harm to the rights, property or safety of Company, our users or the public as required or permitted by law.
3) Company may share aggregated, non-personally identifiable information publicly and with our partners. Examples of such usage are: providing total number of registered users, providing total number of registered users by location, providing user distribution data based on hardware platform.4) If Company is involved in a merger, acquisition or asset sale, Company will give applicable users notice prior to the transfer or change in the privacy policies of their personal information.