KINNAMI SOFTWARE CORPORATION END USER LICENSE AGREEMENT. TERMS OF SERVICE.

https://www.kinnami.com/kinnami/amistamp/termsofservice


IN ORDER TO USE THE PRODUCT, YOU MUST FIRST AGREE TO THESE TERMS. YOU MAY NOT USE THE PRODUCT IF YOU DO NOT ACCEPT THESE TERMS. YOU CAN ACCEPT THESE TERMS BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS, WHERE THIS OPTION IS MADE AVAILABLE TO YOU BY US IN THE USER INTERFACE FOR ANY SERVICE; OR BY ACTUALLY USING THE PRODUCT. YOU UNDERSTAND AND AGREE THAT WE WILL TREAT YOUR USE OF THE PRODUCT AS ACCEPTANCE OF THESE TERMS FROM THAT POINT ONWARDS.

  1. INTRODUCTION. This “Individual End User License Agreement” (referred to below as this “EULA”) has been written to describe the conditions under we make the Kinnami Software Corporation service and products (the “Product”) available to you through our websites and mobile applications. In this EULA, “we” and “us” means Kinnami Software Corporation, a Massachusetts corporation and “you” means the person using the Product. This EULA discusses important limitations about the way you may use and rely upon materials you find on the Product. Read this EULA carefully. By using the Product, you will be deemed to have accepted this EULA. If you do not accept this EULA or if your right to use the Product has been terminated (see below), you may not use the Product.
  2. REGISTRATION REQUIREMENTS; AGE LIMITATION. You hereby authorize us to verify your representations and warranties herein, and you acknowledge that we reserve the right, but not the obligation, to verify such representations and warranties, and to take action we deem appropriate in our sole discretion, including but not limited to terminating your right to use the Product, should we determine, in our sole opinion, that you have violated any representation or warranty or any other provision of this EULA.
  3. IP RIGHTS. We (or the third parties providing materials through the Product) retain all copyright and other proprietary rights in the Product or the materials that we make available through the Product (other than your Submissions, as governed by section 4, below). You may not modify the materials in the Product in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. The materials in the Product are copyrighted and any unauthorized use of any materials at the Product may violate copyright, trademark, and other laws.
  4. YOUR SUBMISSIONS.

    We make no claim of ownership of materials submitted transmitted, stored or processed using the Product (your “Submissions”). We also do not control, verify or endorse the Submissions that you and others submit in your use of the Product. You grant us the non-exclusive worldwide perpetual irrevocable right to use, transmit, and disclose such Submissions on or using the Product. We may also collect data concerning your Submissions and use such data, and disclose such data in aggregate form, for benchmarking, improvements to products and services, or marketing. You shall be solely responsible for your own Submissions and the consequences of submitting and publishing your Submissions with the Product. We provide functions that allow you to control who may access your Submissions. We are not responsible for the actions of others to whom you may share your Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. You further agree that the Submissions to us with the Product will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein, and agree to indemnify and defend us against any claim to the contrary.

    You will:

    1. be solely responsible for the nature, quality and accuracy of your Submissions;
    2. ensure that your Submissions (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations;
    3. promptly handle and resolve any notices and claims relating to your Submissions, including any notices sent to you by any person claiming that your Submissions violates any person's rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and
    4. maintain appropriate security, protection and backup copies of your Submissions, which may include, your use of additional encryption technology to protect your Submissions from unauthorized access. We will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt your Submissions.

    You must immediately notify us in writing of any unauthorized use of:

    1. any Submissions
    2. any account; or
    3. the Product that comes to your attention.

    In the event of any such unauthorized use by any third party that obtained unauthorized access through you, you will take all steps necessary to terminate such unauthorized use. You will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request.

  5. STORAGE IN THE U.S. The Product is provided from the United States. By using and accessing the Product, you understand and consent to the storage and processing of Submissions and any other personal information in the United States. We reserve the right to store and process Submissions and personal information outside of the United States, and will use commercially reasonable efforts to provide you with at least 30 days notice of any such changes in the processing location.
  6. FEES.

    We may charge those who access the Product. In such cases, we may collect payments from users. Information on fees charged by us is available at https://www.kinnami.com/ or otherwise provided to you by us. We may increase fees at any time by posting the new fees on our website [or giving you notice of the increase at least thirty (30) days in advance of the fee increase]. We do not currently charge users to access or use the Product, however we may, at any point and in our discretion, elect to begin charging fees for use of various portions of the Product and/or for different levels of subscription or account by users. Fees charged by us may be paid through Paypal or another payment processing system, or through the use of a credit card that you enter when you create a billing account, unless otherwise specifically agreed by us. You agree to pay all charges, recurring fees, applicable taxes and other charges (collectively herein “Charges”) incurred by you at the rates in effect for the billing period in which those charges are incurred. Unless you have made other arrangements, we will charge your Paypal (or similar service) account or credit card without invoice as follows: (i) for recurring fees, either in advance on or around the first day of each billing cycle, or, at our option, in arrears with your non-recurring fees; and (ii) for non-recurring fees, on or around the date incurred, or on or around the first day of the billing cycle that follows the date incurred, at our option. Unless otherwise indicated, all fees are denominated and to be paid in United States Dollars and are exclusive of any applicable taxes.

    You shall pay, indemnify and hold us harmless from all sales, use, value added or other taxes of any nature, other than personal property or taxes on or measured by our net or gross income, including penalties and interest, and all government permit or license fees assessed upon or with respect to any fees. You must inform us of any billing problems or discrepancies within 90 days after the charge. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. Additionally, if any charges are being collected by us on behalf of a supplier, then such supplier shall be an express third party beneficiary of this provision. If your account is delinquent, we may, at our sole discretion, suspend or cancel your use of the Product. If your account is suspended, regular charges will continue to accrue until you cancel your account.

  7. COMPLIANCE WITH STANDARDS OF CONDUCT.

    You agree not to use the Product in a manner that would cause you or us to violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Product, and any export or re-export laws, rules and regulations; interfere with or disrupt the Product or take any steps to interfere with or in any manner compromise any security measures with respect to the Product or any data or file transmitted, processed or stored on or through the Product. In addition, you promise that you will not and will not encourage or assist any third party to:

    1. modify, alter, tamper with, repair or otherwise create derivative works of the Product;
    2. reverse engineer, disassemble or decompile the software used to provide or access the Product, or attempt to discover or recreate the source code used to provide or access the Product, except and only to the extent that the applicable law expressly permits doing so;
    3. use the Product in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any User Guides or any other policy, instruction or terms applicable to the Product that are available on the websites and applications where the Product may be accessed ("Policies");
    4. sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Product to any third party;
    5. remove, obscure or alter any proprietary rights notice pertaining to the Product;
    6. access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
    7. use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in forgery or other similar falsification or manipulation of data; (ii) store or transmit inappropriate content, such as Submissions: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (iii) store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (iv) abuse, harass, stalk or otherwise violate the legal rights of a third party;
    8. interfere with or disrupt servers or networks used by us to provide the Product or used by other users' to access the Product, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of the Product;
    9. access or attempt to access any other user accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
    10. cause, in our sole discretion, inordinate burden on the Product or our system resources or capacity; or
    11. share passwords or other access information or devices or otherwise authorize any third party to access or use the Product.

    We reserve the right, in our sole discretion, to deactivate, change and/or require you to change your user ID for any reason or for no reason. We may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.

  8. PRIVACY POLICY. We collect personally identifiable information from the users of the Product. Please refer to our Privacy Policy at https://www.kinnami.com/kinnami/amistamp/privacy for information on how we treat the information we gather about you.
  9. COPYRIGHT AND TRADE MARK POLICIES. It is our policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the right of repeat infringers to use the Product. Details of our policy can be found at https://www.kinnami.com/kinnami/amistamp/privacy.
  10. DISCLAIMERS AND LIMITATION OF LIABILITY. The Product is provided “AS IS” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. In no event will we, our suppliers, or other third parties be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Product, whether based on warranty, contract, tort or any other legal theory and whether or not we have been advised of the possibility of such damages. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.
  11. INDEMNIFICATION. You agree to indemnify, hold harmless and defend us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney's fees and other dispute resolution expenses) incurred by us, due to or arising out of your Submissions, your use or misuse of the Product, your violation of this EULA, or your violation of any rights of another.
  12. CHANGES TO THE PRODUCT; TERMINATION. Certain provisions of this EULA may be superseded by expressly designated legal notices or terms located on particular parts of the Product. We may, at any time, modify the Product, or stop (permanently or temporarily) providing the Product (or any features within the Product) to you at our sole discretion and for any reason, and without notice, without liability to you or any person, including without limitation if we believe you have breached or may breach any provision of this Agreement; or if the provision of the Product to you is, in our opinion, no longer commercially viable. Upon any such termination, the provisions of this EULA shall continue in effect except you are no longer authorized to use the Product; termination shall not relieve you for liability for breach occurring prior to termination.
  13. AMENDMENT AND UPDATING OF THIS AGREEMENT; ELECTRONIC SIGNATURES. We may desire to make changes to this EULA from time to time to update it, for example to add references to different products and services, or provide for payment for the use of the Product. We may specify amended or updated terms that apply to the use of Product after the effective date of such amendment or update, and we will make a new copy of this EULA available to you and may require you to accept it as a condition to the continued provision of the Product to you. In addition, the continued use of the Product after receipt of such amended terms shall constitute your agreement to such amended terms. In addition, any modification, amendment, or waiver of any provision of this Agreement shall be effective if in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Product. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
  14. GENERAL. We administer the Product from our offices in the Commonwealth of Massachusetts, USA. We make no representation that the Product is appropriate or available for use outside the United States, and access to the Product from territories where its use is illegal is prohibited. You may not use or export or re-export the Product or materials found thereon or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Product from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. This EULA will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of laws. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts, USA, to resolve any legal matter arising from this EULA. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
  15. CONTACTING US. If you have any questions about this EULA or the Product you may contact: termsofservice@email.kinnami.com