You shall not,
1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Service in any way;
2. Modify or make derivative works based upon the Service;
3. Remove or modify any markings or notices of proprietary rights in the Service;
4. Reverse engineer the Service;
5. Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
6. Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
7. Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
8. Interfere with or disrupt the integrity or performance of the Service or the data contained therein;
9. Attempt to gain unauthorized access to the Service or its related systems or networks. You consent to use the Service in accordance with any technical-and usage limitations, including but not limited to the number of users, number of applications, disk storage, RAM, number and type of integrations, geography and traffic.
2. Your Responsibilities
You are responsible for all activity occurring under Your accounts. You shall abide by all applicable laws, treaties and regulations in connection with Your use of the Service, including, without limitation, those related to export control, data privacy, international communications and the transmission of technical or personal data.
3. Your Intellectual Property Rights
4. Kuika’s Intellectual Property Rights
Kuika alone, and its Partners where applicable, shall own all right, title and interest, including all related intellectual or industrial property rights, in and to all Services of Kuika (including all its algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) and any Feedback. The Kuika name, the Kuika logo, and the product names associated with the Service are trademarks of Kuika or third parties, and no right or license is granted to use them. Kuika may use Your logos and reference Your name and the nature of the Services provided hereunder in Kuika marketing efforts, including on the Kuika web site.
5. Export control
You represent that Your content is non-controlled and that any Service made available hereunder and any derivatives thereof will not be
1. Used or accessed by a Sanctioned Person,
2. Exported, re-exported (including any ‘deemed exports’), shipped, distributed, delivered, sold, resold, supplied, or otherwise transferred, directly or indirectly, to any Sanctioned Person or otherwise in a manner contrary to the Export Laws,
3. Used for any purpose prohibited by the Export Laws, or Unless expressly authorized by Kuika in writing, used for non-civilian purposes (e.g. armaments, nuclear technology, weapons, any other usage in the field of defense and military). Without limiting the foregoing, You represent and warrant that
4. It is not a Sanctioned Person, and It will not download or otherwise access, or facilitate a third party’s download or access of, any offering delivered by Kuika or works and services (including all kinds of technical support) performed by Kuika from a Sanctioned Country.
You will, at least once per year, review and update your list of Users who have access to an account and confirm that no such User is a Sanctioned Person and that all such Users may continue to access the Service in compliance with Export Laws. Kuika may conduct the necessary Export Laws checks and, upon request, You will promptly provide Kuika with any necessary information.
6. Privacy & Security
Kuika’s privacy and security policies may be viewed at https://www.kuika.com/privacy. Kuika reserves the right to modify its privacy and security policies in its discretion from time to time. By providing Kuika Your email address You consent to our using the email address to send You Service-related notices, including any notices required by law, changes to features of the Service and special offers.
Kuika’s implementation, development and operations teams shall have the right to access and use Your account information, and Customer Data for the purpose of delivery of the Service, respond to service or technical problems, on Your request, or to provide Professional Services. Kuika shall be entitled to change the account, access- and identification codes assigned.
7. Free Edition
Kuika may offer a portion or specific editions of the Service free of use. It is under sole discretion of Kuika to specify the conditions for free use and Kuika deems the right to modify these conditions of free use at any time.
8. Representations & Warranties
Kuika shall implement commercially reasonable technical and organizational measures to secure availability, confidentiality and integrity with respect to the Services, the Customer Data and personal information. However, unless explicitly otherwise agreed in writing between Parties, the Services are provided on an “as is” and “as available” basis, without warranties of any kind and the Services are accessed or used by You at Your own risk and without any right to support, maintenance, updates or any other services.
All conditions, representations and warranties, whether express, implied statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Kuika and its Partners. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Kuika is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Kuika shall not be responsible for any Customer Data. You, not Kuika, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Kuika shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Kuika reserves the right to establish or modify its general practices and limits relating to storage of Customer Data. You represent and warrant that You have not falsely identified yourself nor provided any false information to gain access to the Service.
9. Limitation of Liability
IN NO EVENT SHALL KUIKA AND/OR ITS PARTNERS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR COSTS OF ANY TYPE OR KIND ARISING OUT OF, OR IN ANY WAY CONNECTED WITH
Kuika may give notice by means of a general notice on the Service, electronic mail to Your e-mail address on record in Kuika’s account information, or by written communication sent by first class mail or pre-paid post to Your address on record in Kuika’s account information. You may give notice to
Kuika at any time by any of the following:
315 Montgomery Street 9th Floor San Francisco, CA 94104
12. Assignment; Change in Control
13. Force Majeure
Kuika shall not be bound to fulfill any obligation if prevented from doing so by force majeure. Insofar as not already included, force majeure shall further mean instances of strikes, company sit-ins, blockades, embargoes, government measures, war, revolution and/or any similar state, power failures, faults in electronic communication lines, cable breaks, fires, explosions, water damage, lightning damage, natural disasters, flooding and/or earthquake, shortage of and/or sickness of personnel and non-fulfillment by suppliers of Kuika or force majeure on the part of suppliers of Kuika.
You agree that Kuika may terminate the providing of any gratuitous Services at any time, for any reason and without prior notice. You agree that Kuika shall not be liable to You and/or any third party for any modification, suspension, or termination of the Service.
15. Modification to Terms
16. Final Provisions
“Agreement”, “Contract”: the arrangements agreed in a form or a document or in some other way, under which Kuika will deliver the Services or any other products or services defined therein.
“Content”: the audio and visual information, documents, software, products, services, proprietary tools, source code samples, generic templates and reusable components, App Store content, libraries, know-how, techniques and expertise, (i) contained or made available to you in the course of using the Service, or (ii) used or developed by Kuika in the course of developing or delivering Customer Deliverables.
“Customer Data”: any data, information or material, including posts, comments, documents, project information, models, applications, templates, code, widgets, themes, application data, user information and account information, provided, submitted, created, saved, added, uploaded or made available by You to the Service in the course of using or accessing the Service, except Services (or parts thereof) and feedback.
“Kuika”, “Us”, “Our”, “We”: any activity of “Kuika” (a corporation under the law of the United States of America), but not limited to or any affiliated or subsidiary company doing business as Kuika.
“Party”, “Parties”: You or Kuika individually (‘Party’) or together (‘Parties’).
“Sanctioned Country” means a country or territory that is itself the subject or target of any comprehensive trade or economic sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine).
“Sanctioned Person” means any person (i) listed in the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control or in any Export-Control-Related list of designated persons maintained by the U.S. Department of Commerce, the U.S. Department of State, the United Nations Security Council, the European Union, any Member State of the European Union, or the United Kingdom; (ii) operating, organized, or resident in a Sanctioned Country; (iii) the government of, or acting for or on behalf of the government of, Venezuela or a Sanctioned Country; or (iv) owned or controlled by one or more such persons
“Service”, “Services”: means all products, services of Kuika, including but not limited to Sprintr and our websites, Business Modeler, Business Server, Team Server, Cloud Portal, App Store, Marketplace, (mobile) Apps, Content (as defined above), applications, other software, Support Portal, Forum, Partner Portal, (cloud) hosting services, platform as a service, documentation and manuals, except Customer Data.
“You”, “Your”, “User(s)”: anyone who entered into an Agreement with Kuika or uses or accesses a Service of Kuika, including Your employees, representatives, consultants, contractors or agents who are authorized to use or access the Service of Kuika or have been supplied user identifications and passwords by You (or by Kuika at Your request), even if no charge is due or registration is needed.
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