TERMS AND CONDITIONS OF SERVICE AND END USER LICENSE AGREEMENT
1. ACKNOWLEDGMENT AND ACCEPTANCE
1.1 Please read these Terms and Conditions of Service and End User License Agreement (“Terms”) before using or accessing in any form or any of the products, applications and/or services available through or in connection with Kamanja’s website, (www.kamanja.io) (hereinafter the “Services”). These Term constitute a binding agreement between you and Kamanja LTD (“Kamanja”). By Clicking “I Agree” on the button below and/or using and/or merely downloading any of the Services in any form and manner you agree to abide, and that you are bound, by these Terms. We reserve the right to change these Terms at any time, and you agree (including by virtue of your continued use of the Services) to be bound by any such changes.
1.2 These Terms and the use of the terms “you” or “users” are applicable to all types of users of the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and users to these Terms. In that case, the terms “you” or “your” shall also refer to such entity, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with these Terms, you may not use the Services.
1.3 You can find the most recent version of these Terms at terms and conditions Regardless of whether Kamanja has provided you notice, your continued use of the Service following Kamanja’s notice or posting of changed Terms will constitute your acceptance of such changes.
1.4 BETA DISCLAIMER. PLEASE NOTE THAT THE SERVICES ARE STILL IN BETA STAGE, AND MAY THEREFORE CONTAIN BUGS AND DEFECTS. YOU ARE HEREBY ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING AND/OR PERFORMANCE, AND/OR AVAILABILITY OF ANY OR ALL OF THE SERVICES.
2.1 You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations, and only for purposes that are permitted by these Terms, in view of the nature of the Services.
2.2 You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the Services does not violate any applicable law or regulation.
3.1 You acknowledge and agree that you are solely responsible for your use of the Services. You are fully responsible for the control of and/or access to your account, including limiting access to user names and passwords and you agree to take all reasonable precautions to protect your user’s name and password and access to your account. You agree that you will immediately notify Kamanja in the event that you discover or believe that your account or user name or password has been accessed in any way.
4.1 When you use the Services, Kamanja may collect statistical and analytics information about your use, and the use of your employees and/or contractors, of the Services, along with information you have provided Kamanja. Kamanja will use this information, and the analytical information statistics for quality assurance and business development purposes of the Services, improvement of the Services and for the purposes of contacting you and providing statistical information to third-parties including advertisers. Kamanja undertakes that the information stated in this section shall be anonymous and will not identify you, personally.
4.2 You hereby authorize Kamanja to include your information, including information of your employees and/or contractors, such as email address, residential or commercial physical address and phone number, in Kamanja’s mailing list, for the purpose of providing you with ongoing communications and maintenance information, invoices, or any other information the Company may find suitable, including commercial information proposals and advertisement. You can revoke your decision and consent to this authorization to the Company at any stage, by providing Kamanja a written notice.
5. SUBSCRIPTION ORDERS
Services shall be procured by you and provided by Kamanja as set forth under a written order for Services, either (i) entered between you and Kamanja; or (ii) entered between you and Kamanja’s authorized distributer and accepted by Kamanja in writing (each an “Order Form”). The Order Form shall define the types, scope, quantities, and fees for such Services, and include a reference to these Terms.
6.1 You shall pay Kamanja the fees set forth under the applicable Order Form entered into between you and Kamanja, in accordance with the payment and other terms specified thereunder.
6.2 Kamanja may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Kamanja fifteen (15) days after the mailing date of the invoice. Unpaid amounts are subject to a late payment charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Services (without any actions to be taken by the Company). You shall be solely responsible to bear all taxes associated with Services
6.3 In the event of your failure to pay Kamanja any charges due, and subject to a 7 (seven) days’ prior notice of such failure, Kamanja may immediately cease to the provision of the Services.
7. GRANT OF RIGHT TO USE THE SERVICES
7.1 Subject to the timely payment of all applicable fees specified under the applicable Order Form, Kamanja gives you a personal, limited, royalty-free, non-assignable, nontransferable and non-exclusive right to use the Services provided to you by Kamanja under an Order Form, during the term for which you acquired the Services, as defined in such Order Form. This right to use is for the sole purpose of enabling you to use and enjoy the benefit of the Services, for your own internal use, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer attempt to extract the source code of that software or create derivative works thereof.
7.2 Other than the rights expressly licensed hereunder to you, no other rights or interest whatsoever in any of the Services and/or any component thereof, are transferred or granted.
7.3 Kamanja reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Kamanja believes that you have violated any of these Terms.
You accept sole responsibility for the results of using the Services. You agree that Kamanja has not guaranteed the results of any actions taken, whether or not advised by the Services. Kamanja shall provide the Services in a professional and workmanlike manner, however, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a number of other circumstances that are beyond Kamanja’ control. We do not guarantee that the information available through the use of the Services is accurate, complete, or updated, and should not be taken as a professional advice. We also do not guarantee that any 3rd party component, service, software or hardware that is required in order to provide the Services will be error- free, and will not contain any malfunctions, bugs, or defects, and we assume no responsibility in connection thereof. Any use of the material provided in connection with the Services is at your own risk. For the avoidance of doubt, The Services do not constitute legal advice, and these Terms are not intended to create, nor your use of the Services constitute, an attorney-client relationship.
9. OWNERSHIP AND INTELLECTUAL PROPERTY
9.1 You acknowledge and agree that Kamanja is the exclusive owner of the Service provided to you.
9.2 Certain content and information provided on and through the Services, including, without limitation, Kamanja’ logo, trademark, graphics, design, information, text, images, data and other material displayed, available or present through the Services (the “Content”) are the copyrighted and/or trademarked work of Kamanja solely or of Kamanja’ affiliates, and may not be used without express written permission from us, other than for attribution.
9.3 Unless You obtain a prior written notice instructs otherwise from Kamanja, the Content available to You through the Services is Kamanja sole property (or third party if noted).
9.4 Kamanja retains all rights, including any intellectual property rights in the Content. The Content, or any part thereof, is the property of Kamanja solely, and is protected by applicable intellectual property laws. You hereby acknowledge that you have no right, title or interest in or to any of the Content.
9.5 Except as expressly permitted in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.
10. LIMITATIONS OF WARRANTIES AND LIABILITIES
10.1 Kamanja provides and maintains the Services “as is”, “as available” and does not promise that the use of the Services will be uninterrupted or free of errors. We cannot offer any other warranties, express or implied, statutory or otherwise, and all such warranties are hereby excluded to the fullest extent permitted by law.
10.2 Subject to the foregoing, to the maximum extent permitted by law, Kamanja shall not be liable for any indirect, consequential and/or punitive loss or damage, even if informed of such damages, including without limitation for any third-party claims, any incorrect or inaccurate information, any loss or damage resulting from your use or inability to use the Services, any loss of profit, wastage, corruption or destruction of data and/or any fines or penalties imposed by a regulator.
10.3 Without derogating of the aforementioned, Kamanja’s maximum liability under these Terms and/or in connection with the Services, will be limited in the aggregate to the applicable charges actually paid by you to Kamanja under the Order Form giving raise to such liability, during the three (3) months period preceding the event giving rise to such liability.
11. PROHIBITED ACTIVITIES
11.1 You agree that you will not use the Services for any of the following purposes:
11.2 Any unlawful, invasive, infringing, defamatory or fraudulent purpose;
11.3 To use the Services in a way that has a detrimental effect upon Kamanja, its users or the Services;
11.4 To use or attempt to use the Services in breach of these Terms;
11.5 To transmit harassing, obscene, racist, malicious, abusive, libelous, illegal or deceptive messages or files;
11.6 To commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious act;
11.7 To interfere with the use of the Services by other users;
11.8 To alter, tamper with or circumvent any aspect of the Services;
11.9 To test or reverse engineer any of the Services in order to find limitations or vulnerabilities.
12. SERVICES USAGE BY MINORS
12.1 Kamanja understand the importance of protecting children’s privacy in the interactive online world. The Services are not designed for or intentionally targeted at children 16 years of age or younger, and it is not our policy to intentionally collect, solicit or maintain information about anyone under the age of 16.
12.2 If you are under the age of 16, please ask permission from your parents or your legal guardian before you use any of the Services. By using the Services, you hereby warrant that your parents or your legal guardian have read these Terms and gave you their permission to use the Services. Please note, that Users may be exposed to content unsuitable for children.
You agree to defend and indemnify Kamanja and any of its directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to legal fees and expenses, attributed to (i) your breach of these Terms or the documents referenced herein; and (ii) your violation of any law and/or rights of a third party.
14. INTEGRATION CLAUSE
Kamanja may assign and/or transfer the Terms at any time and/or any of its rights and/or its obligations under these Terms, or all part thereof, including but not limited to giving licenses or secondary licenses, to third parties.
16. FINAL PROVISIONS
16.1 These Terms and the relationship between you and Kamanja are governed by the laws of the State of Israel without regard to its conflict of law provisions. Any dispute or claim arising out of or in connection with the Terms will be submitted to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel.
16.2 If any part of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
16.3 Neither party to these Terms will be liable to the other for any delay or failure in performance under these Terms resulting directly or indirectly from acts of nature or causes beyond its reasonable control.