THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” OR “YOUR”) AND KALATRACE (HEREINAFTER “KALATRACE”) GOVERNING YOUR USE OF KALATRACE'S SUBSCRIPTION SERVICES, INCLUDING FREE TRIALS AND PAID PLANS, AND ACCESS TO THE E-COMMERCE PLATFORM FOR PURCHASING PRODUCTS RE-SOLD THROUGH OUR PLATFORM.
3. Acceptance of the Agreement
12. Disclaimers and Limitations of Liability
14. Governing Law and Dispute Resolution
15. Modifications to the Terms
17. Miscellaneous
1. Part of This Agreement
This document is organized into several key sections to clarify the terms governing your relationship with KalaTrace. Each section addresses specific aspects of our services, including your rights and responsibilities as a user, and our obligations as the service provider. We encourage you to review each section carefully to understand the terms of use.
2. Welcome and Overview
Welcome to KalaTrace! This page provides an overview of the terms and conditions that govern your use of our services. You agree to the rules and guidelines outlined in this agreement by accessing or using our platform. We’re committed to offering you a seamless experience, so please take a moment to familiarize yourself with these terms, which explain what you can expect from us and what we expect from you.
3. Acceptance of the Agreement
You must be of legal age to enter into a binding contract and accept these terms. If you disagree with the General Terms, please refrain from using any of our Services. Agree with the General Terms but not with any Service-Specific Terms, do not use the associated Service. You can accept these terms by checking a box, clicking a button indicating your agreement, or using the Services.
4. Description of Service
We offer cloud-based software and applications for businesses, including related offline and mobile applications (referred to as "Service" or "Services"). You may use these Services for personal, business, or internal organizational purposes within the entity you represent. Access to the Services can be obtained through any supported Internet browser. It is your responsibility to secure Internet access and the necessary equipment to utilize the Services. You can create, edit, and, if you wish, publish and share content using your user account.
5. Eligibility
A. Age Requirements
You must be at least 18 years old to use our Services. Users aged 13 to 17 may use our Services only with parental or guardian consent and supervision. Children under 13 are not permitted to use our Services. You are responsible for any activity conducted on your account by a minor.
B. Account Creation and Accuracy
Provide accurate information when creating your account. Impersonation or false information is prohibited.
6. Subscription Services
A. Free Trial
If you register for a free trial, KalaTrace will provide you with access to the applicable features of the Services at no cost until the earlier of (i) the end of the 14-day free trial period, (ii) the start date of your paid subscription, or (iii) termination by KalaTrace at its sole discretion. Any data entered during the free trial will be permanently lost unless you purchase a paid subscription. Services during the free trial are provided "as-is" without any warranty, support, or liability, to the extent permitted by law.
B. User Sign-Up Requirements
To access our Services, you must create a user account by providing all required information. If you represent an organization and wish to use the Services for corporate purposes, we recommend contacting our team for a customized plan. You agree to: (i) provide accurate, current, and complete information during sign-up, and (ii) keep this information up to date. If KalaTrace finds your information to be inaccurate or incomplete, or if there are reasonable grounds to suspect such issues, we may terminate your account and restrict access to the Services.
C. Fees and Payments
Our Services are available through various subscription plans. Your subscription will automatically renew at the end of each billing period unless you cancel it. Upon renewal, the subscription fee will be charged to the credit card on file. You may update your payment method or stop auto-renewal through the Billing window. We may adjust the pricing of our Services or introduce charges for previously free features. Any price changes will take effect after your current billing cycle ends. You will not incur charges unless you have opted for a paid subscription. If applicable, KalaTrace will invoice you for any taxes such as VAT or sales tax, and you agree to pay these taxes in addition to the subscription fees. An invoice will be provided in accordance with local laws to assist with any tax credits.
D. Restrictions of Use
You agree not to use the Services for any unlawful purposes or in a manner that could damage, disable, overburden, or impair the Services. Prohibited activities include, but are not limited to, using the Services to engage in unauthorized access, distribution of malicious software, or any form of harassment. You must not attempt to gain unauthorized access to any systems or networks associated with the Services.
E. Spamming and Illegal Activities
The use of the Services to send unsolicited or unauthorized advertising, promotional materials, or spam is strictly prohibited. You must not use the Services to engage in or promote illegal activities, including but not limited to, fraud, theft, or any other unlawful conduct. Any such use will result in immediate termination of your account and potential legal action.
7. Gift Terms
A. Products and Purchases
Our platform allows you to purchase products that are resold through KalaTrace but not manufactured by us. All product descriptions, pricing, and availability are provided to the best of our ability and are subject to change without notice. By placing an order, you agree to pay the total amount specified for the products including any applicable taxes and shipping fees.
B. Payment and Billing
Payments for products are processed through secure methods. You may be required to provide valid payment information, including credit card details. Charges will be applied to the payment method you provide at the time of purchase. You agree to promptly update your payment information if there are any changes. If a payment fails, we reserve the right to cancel or delay your order.
C. Order Confirmation and Fulfillment
After placing an order, you will receive an order confirmation via email. This confirmation is an acknowledgment that we have received your order, but it does not constitute acceptance. Orders are subject to review and acceptance by KalaTrace. We reserve the right to refuse or cancel any order at our discretion.
D. Shipping and Delivery
Shipping costs and delivery times vary depending on the product and your location. We aim to process and ship orders as quickly as possible, but delivery dates are not guaranteed. Any delays or issues with delivery should be reported to our support team.
E. Returns and Refunds
We accept returns and process refunds according to our Return Policy. Products must be returned in their original condition within the specified return period to be eligible for a refund. Refunds will be issued to the original payment method used for the purchase. Shipping costs for returns may be the responsibility of the customer unless otherwise specified.
For detailed information on our shipping, returns, and how we handle payment, please refer to our Shipping, Returns, and Payment Policy.
F. Product Descriptions and Warranties
Product descriptions provided on our platform are based on information from the manufacturers and suppliers. While we strive for accuracy, we do not guarantee that product descriptions or other content on our site are error-free. All products are sold “as-is,” and any warranties or guarantees provided are those from the manufacturer or supplier, not KalaTrace.
G. User Responsibilities
You are responsible for providing accurate shipping and billing information. Ensure that your account details are current and complete to avoid issues with order processing and delivery. If you suspect unauthorized use of your account or payment information, contact us immediately.
H. Dispute Resolution
Any disputes arising from transactions on our platform will be resolved through our Dispute Resolution Policy. This process may include mediation or arbitration, as detailed in the policy. If you have any issues with your order, please contact our support team first to attempt resolution.
8. User Accounts
A. Account Responsibility
You are responsible for all activities that occur under your account. If you share your account, the individual whose financial information is associated with the account will be accountable for all activity. If registering on behalf of a business, you must have the authority to bind the business to these Terms. Note that accounts are generally non-transferable.
B. Account Security
Protect your account password to prevent unauthorized access. Refer to our Help article for tips on securing your account.
C. Account Naming
Choose an account name that complies with our guidelines. Avoid using offensive, vulgar language or names that infringe on intellectual property rights.
D. No Special Relationship
These Terms do not create any form of agency, partnership, joint venture, employment, or franchise relationship between you and us.
E. Case System and Appeals
To participate in our case system or appeal any actions, you must have an active account.
9. Intellectual Property
A. Ownership
All content, trademarks, and other intellectual property rights related to our Services, including but not limited to text, graphics, logos, and software, are owned by KalaTrace or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for their intended purpose only.
B. Usage Restrictions
You may not copy, modify, distribute, or create derivative works based on any intellectual property provided by KalaTrace without prior written permission. This includes any content, software, or materials obtained through the Services.
C. User Content
You retain ownership of any content you create or upload to our Services. By submitting content, you grant KalaTrace a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display your content in connection with the Services. This license is granted to operate, promote, and improving our Services.
D. Infringement Claims
If you believe that any content on our platform infringes your intellectual property rights, please contact us with details of the alleged infringement. We will review and address such claims in accordance with applicable laws.
10. User Conduct
A. Prohibited Activities
You agree not to engage in any activities that are illegal, harmful, or disruptive while using our Services. This includes, but is not limited to:
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Unauthorized Access: Gaining or attempting to gain unauthorized access to our systems or networks.
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Malicious Activities: Distributing viruses, malware, or other harmful software.
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Harassment: Harassing or threatening other users.
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Impersonation: Impersonating any person or entity, or falsely claiming an affiliation with any person or entity.
B. Content Standards
You are responsible for ensuring that any content you submit to our Services complies with applicable laws and does not infringe on the rights of others. Content must be accurate, lawful, and not defamatory, obscene, or otherwise objectionable.
C. Responsibility for Content
You are solely responsible for the content you create or upload. KalaTrace does not pre-screen or approve user content, but we reserve the right to remove or modify any content that violates these Terms or is otherwise objectionable.
D. Reporting Violations
If you encounter any content or conduct that you believe violates these Terms, please report it to us using the appropriate channels. We will investigate and take appropriate action as needed.
11.Privacy Policy
Our Privacy Policy explains how we collect, use, and protect your personal information when you use our Services. It covers aspects such as data collection, data security, and your rights regarding your data.
For detailed information on our privacy practices and how we handle your data, please refer to our Privacy Policy.
12.Disclaimers and Limitations of Liability
A. Disclaimers
The Services are provided on an "as-is" and "as-available" basis. KalaTrace makes no warranties, express or implied, regarding the Services, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose. We do not guarantee that the Services will be uninterrupted, error-free, or free of harmful components.
B. Limitation of Liability
To the maximum extent permitted by law, KalaTrace shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to your use of the Services, including but not limited to, loss of data, profits, or business opportunities. Our total liability for any claim related to the Services shall be limited to the amount paid by you for the Services giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless KalaTrace, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your violation of these Terms, or any infringement of any intellectual property or other rights of any third party.
14. Governing Law and Dispute Resolution
A. Governing Law
These Terms shall be governed by and construed by the laws of US Jurisdiction, without regard to its conflict of law principles.
B. Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of the Services shall be resolved through [mediation/arbitration], as detailed in our Dispute Resolution Policy. If mediation or arbitration is unsuccessful, disputes may be resolved in the competent courts of US jurisdiction.
15. Modifications to the Terms
A. Changes to Terms
KalaTrace reserves the right to modify these Terms at any time. Any changes will be effective upon posting the updated Terms on our website. Your continued use of the Services after any modifications constitutes your acceptance of the revised Terms.
B. Notification of Changes
We will notify you of significant changes to these Terms by email or through a prominent notice on our website. It is your responsibility to review the Terms periodically for any updates.
16. Contact Information
For any questions or concerns regarding these Terms or our Services, please contact us at:
KalaTrace
Email: info@kalatrace.com
Website: www.kalatrace.com
We desire to respond to all inquiries on time.
17. Miscellaneous
A. Entire Agreement
These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between you and KalaTrace regarding your use of the Services and supersede all prior or contemporaneous agreements and understandings, whether written or oral.
B. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.
C. Waiver
The failure of KalaTrace to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver of any breach of these Terms will constitute a waiver of any other breach.
D. Assignment
KalaTrace may assign or transfer its rights and obligations under these Terms to any third party without notice to you. You may not assign or transfer your rights or obligations under these Terms without prior written consent from KalaTrace.
E. Force Majeure
KalaTrace will not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to, acts of God, natural disasters, or interruptions in internet service.
