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Updated: May 9, 2024
The following terms and conditions (the "Terms" or “Agreement”) govern all use of the Kashvisor website (the "website") and the Kashvisor Mobile Application (the “App”), the products and Services made available on or at the website or the App (collectively, the "Service"). The Service is owned and operated by Kashvisor LLC ("Kashvisor”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies and procedures that may be made available on the Service from time to time.
These Terms, together with the privacy policy available at ("Privacy Policy"), limited warranty available at ("Limited Warranty"), and other additional agreements referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement.”
Certain services that we provide to you may be subject to additional terms and such additional terms will be presented to you when you make use of such service. If the terms and conditions herein this Agreement are inconsistent with the additional terms, the provisions of the additional terms shall be superior and shall control with respect to such additional service and your use thereof. The additional terms, upon acceptance, are incorporated into these Terms.
Please, read these Terms, Agreement, and any additional terms applicable to your use of the Services before using it. By accessing or using the Services either as a registered user or not, you confirm your agreement to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
If you fail to abide by the provisions of the Terms herein, except as otherwise permitted by us from time to time, you agree that we may suspend or delete your user account and all information related to such account, with or without notice to you.
Throughout these Terms, we use “Kashvisor”, “we”, “us” and “our” to refer to Kashvisor LLC, offering our Services to you. “You” means the organization you represent in accepting these Terms or, if that is not applicable, “you” refers to you as an individual who makes use of the Kashvisor services.
IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
We may modify these Terms at any time, at our sole discretion as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Service or through other communications such as the mobile phone number and email address registered in your account. You must review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the platform, you are indicating to us that you agree to be bound by the modified Terms.
You may need to register and create a Kashvisor user account to gain access to some of our content or use certain Kashvisor services. You will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, service, and management of your account.
Eligibility: You must be at least 18 years of age (or the legal age in your jurisdiction) in order to be able to use the Kashvisor Services and you agree to be bound by these Terms.
Account registration and acceptance: In order to make use of certain features on the Kashvisor Services, you shall be required to register for an account and complete a profile with the required information. To create a user account on the platform, please go to the Sign-Up page and follow the instructions. Account registration requires you to submit certain personal information, such as your name, age, email address, phone number and other relevant information as may be required as at the time of registration. When you register, the information you provide to us during the registration process will help us in offering content, service, and management of your account.
Kashvisor reserves the right to decline a registration to join the Services for any lawful reason or any reason at all.
Username, passwords and account security: When you register for an Account, you may be asked to choose a username and password for the Account. You are responsible for creating a strong password and maintaining adequate security and control of any and all passwords, hints, and personal identification numbers (PINs) that you use to access the Services. You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your Account. We encourage you to not share your account login information with any third party.
You represent and warrant that your Account information will be accurate at all times. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your use the Service.
We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account. You may not transfer your account to any other person and you may not use anyone else's account at any time without the permission of the account holder.
Additional security and verification for an account: We may also employ certain authentication methods in order to protect all user information, including savings activity, passwords, email addresses, phone numbers, and more. Users are encouraged to activate all additional security features made available to them on the Kashvisor Service.
However, as mentioned above, the security of your account remains your full responsibility and we shall, under no circumstances be liable to you for any loss incurred due to unauthorized use of your account.
Intellectual property: All the content included on the Kashvisor Services, including, but not limited to, images, code, illustrations, text, scripts, graphics, audio clips, video clips, documentation, and other interactive features made available to you on the Service, logos, trademarks, and service marks contained herein, are owned by Kashvisor or its licensors. Other service marks, logos, and names on this Service are the property of their respective owners. Any use of the Service or the contents made available to you through the Service other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Kashvisor at any time without notice and with or without cause. Despite the foregoing, we make no claim to the trademarks, copyrights, patents, or other intellectual property contained in certain third-party features, which are entirely the property of its owner, assignees, and licensees.
License and restrictions: As an authorized user and subject to your compliance with these terms as expressly stated herein and your payment of all applicable fees, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the software and services provided in connection with the Service is solely for your own use, and not for the use or benefit of any third party. Unless otherwise expressly authorized herein or in the Service or any documentation provided by us, you agree not to display, publish, copy, modify, create derivatives from, upload, transfer, use, distribute, license, sell or resell for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Kashvisor may change, discontinue or suspend the Service, including the availability of any feature, content or database, at any time, with or without notice. Kashvisor may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You agree that Kashvisor may establish general rules and limits concerning the use of the Service, including the maximum period that content or other data will be retained by the Service and the maximum storage space that will be allocated on your behalf on Kashvisor’s servers. You agree that Kashvisor has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service.
4. Pricing and payment, subscriptions, billing, renewal and cancellation
Kashvisor may make certain paid features available to you through the Service that can help you take full advantage of the Services that we offer. We may offer the opportunity to purchase access to the Service (“Subscription”) by making purchases within the Service. These payments may require you to provide a valid method of payment, such as a credit card or debit card or other payment options that we accept and make available to you (a "Payment Method"). You are responsible for all charges incurred in connection with your payment and you agree to pay the fees and charges for any purchased feature.
By providing a payment method, you hereby authorize Kashvisor to run credit card authorizations on your provided credit card, to store credit card and banking or other financial details as your method of payment consistent with our Privacy Policy, and to charge your credit card (or any other Payment Method) for the Service Provider Fees and any other amounts owed under the Terms. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.
By providing Payment Method information through the Service and authorizing payments with the Payment Method, you represent, warrant, and covenant that:
When you authorize a payment using a Payment Method via the Service, you represent and warrant that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means.
While we will use industry-standard efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Pricing and payment
We may make certain paid features available to you through the service under multiple subscription plans. Via the service, you can subscribe and get full access to the service. You are responsible for the management of your login details. If you lose your data or suspect that your account has been breached, please let us know immediately. Kashvisor has the right to refuse a request for a subscription purchase.
Subscribing to our plan(s) requires you to have a valid method of payment, such as a credit card or debit card (a "Payment Method"). You are responsible for all charges incurred in connection with your payment, and you agree to pay the fees and charges for any purchased feature.
Free trial
Subject to your eligibility for a free trial, we may offer free trial services from time to time. If you register on our Service for a free trial, we will make one or more Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period for which you registered to use the applicable Service(s), or (ii) the start date of any paid Service subscriptions ordered by you for such Service(s) before the end of the trial period. Additional trial terms and conditions may appear on the trial offer page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
You understand that any data you enter into the services, and any customizations made by or for you to the services, during your free trial may be permanently lost unless you purchase a subscription to the same services as those covered by the trial or export such data, before the end of the trial period. We may also offer discounted subscription offers.
Subscriptions and auto-renewal
By selecting a subscription plan, you agree to pay the subscription fee of such a plan on a designated cycle for the Services that we make available to you (the "Subscription fee"). The first Subscription fee will be charged to your Payment Method on the date your subscription is purchased. Thereafter, the Subscription fee and any applicable tax and service fees will be charged to your Payment Method on a recurring basis in accordance with your designated cycle until you choose to cancel.
Billing cycle
The Subscription fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Note that the timing of your billing may change (i.e., in the event of a problem with your Payment Method, such as an expired credit card).
Subscription plan/subscription fees changes
Kashvisor reserves the right to change the price for a subscription to the Service at our sole discretion and such subscription fee change will become effective at the end of the then-current Billing Cycle. We can also make changes to our subscription plans. We will ensure to provide you with reasonable prior notice of any change in our Subscription plans and subscription fee in order to give you the opportunity to evaluate your current subscription and make any changes, up to and including the option to terminate your Subscription before such change becomes effective.
Unless subscription fees have been locked in under contract with Kashvisor for a specific agreed period, your continuing use of the Service after the subscription fees adjustment takes effect constitutes your consent to pay the updated subscription fee amount.
Taxes
Unless otherwise stated, the subscription fees are not tax-inclusive. You will be responsible for paying all applicable taxes associated with your purchase of any of our subscription plans. In the event that we have the legal obligation to collect or pay taxes for which you are responsible under this clause, the appropriate amount will be charged to and paid by you.
Cancellation
You can cancel your subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent term in order to avoid being charged for the next term's Subscription Fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current term.
Refunds
Refunds will not be provided for any subscription. If you have commenced a subscription period and you then decide to cancel your subscription during such period, you will not be entitled to receive a refund for the fees you already paid for such a subscription period. However, you will continue to be able to use the service for which you subscribed until the end of such a subscription period. You understand and agree that we will not provide refunds or prorated billing for subscriptions that are canceled mid-term.
Updating Payment Method: You may update your Payment Method at any time within your account settings. If at any time your Payment Method is unable to be charged for the Service due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Service charge. It is your responsibility to update and maintain the Payment Method associated with your account, and, in the event your Payment Method is unable to cover the Service provided to you, we reserve the right to suspend your respective account and access to the Service until the Payment Method has been updated to permit a charge on your payment method for the provided service.
5. Financial disclaimers; no financial, tax or professional advice
You understand and agree that your use of the services and/or any information or Content that is included on or transmitted through the Kashvisor Services is not intended to and will not create any financial or professional relationship of any kind between you and Kashvisor or its affiliates.
Any Content made available on or through the Services is for educational and informational purposes only and shall not be taken as a substitute for the professional judgment of a financial professional. The Service does not provide legal, financial, insurance or investment advice, and nothing on the Service should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any financial move by Kashvisor or any third party. You alone are solely responsible for determining what information or any other product or service, is appropriate or suitable for you and for evaluating the merits and risks associated with the use of the information on the Service before making any decisions based on such information or other content. Your reliance upon any information obtained or used by you is solely at your own risk.
Kashvisor disclaims any liability for the accuracy of any information or Content provided or sent by you or other users of the Services. You shall be responsible for verifying the accuracy of any information you send or receive through the Services.
Kashvisor makes the Services available to you for the purposes of providing an informative and educational resource. Kashvisor may, but has no obligation to, review Content posted on the Services. Kashvisor does not guarantee the timeliness and accuracy of any or all the Content. Neither the authors (whether users of the Services or not), Kashvisor, nor any other party who has been involved in the preparation or publication of any Content can assure you that such Content is in every respect accurate or complete. Kashvisor disclaims liability for any errors or omissions or for the results obtained from the use of such Content.
6. User representation and acceptable use
You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
Although we are committed to providing a safe user experience, we do not guarantee that the Services, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree, undertake and confirm that your use of the Services we make available to you shall be strictly in accordance with the following binding guidelines:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
You shall not use our Services for any other purpose that is other than what is intended by Kashvisor as described herein
7. Feedback, your content and submissions
The Kashvisor Services may permit you to add and share certain content such as posts, links, text, questions, and other files and information about the Kashvisor services and/or your use of the Services (“Content”), to share publicly with other users of the Kashvisor Service. You understand that all Content is the sole responsibility of the person who originated such Content. Kashvisor cannot guarantee the authenticity of any Content or data which users may provide about themselves or their use of the Kashvisor Services. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
In order to protect the integrity of the Kashvisor Services and protect our users from abuse, Kashvisor reserves the right (but is under no obligation) to remove posted content or information that, in Kashvisor’s sole judgment, violates these Terms or negatively affects our Services, diminishes the integrity of the Kashvisor Services, system or otherwise is inconsistent with the business interests of Kashvisor.
You shall be solely responsible for all and the consequences of sharing, posting or publishing any content on the Kashvisor Service. You agree that Kashvisor has no liability with respect to any of your content, and you hereby irrevocably release Kashvisor and its officers and directors, employees, agents, representatives, and affiliates from any and all liability arising out of or relating to your content or any part thereof.
By submitting your content to Kashvisor, or displaying, publishing, or otherwise posting any content on or through the Kashvisor Service, you hereby grant Kashvisor a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to reproduce, distribute, modify (such as by editing or otherwise creating derivatives), display your content in accordance with the terms of this Agreement. You agree not to contest any modifications made by Kashvisor and hereby waive any claims with respect thereto. For clarity, the foregoing license grant to Kashvisor does not affect your ownership or license rights in the content you make available on the Service, including the right to grant additional licenses to the content in any of your submitted content.
In connection with your content made available on the Kashvisor Service, you affirm, represent, and warrant that:
You are solely responsible for all content that you upload, post, publish, display or email via the Service. Kashvisor does not endorse any User Content, submission, opinion, recommendation, or advice expressed therein, and Kashvisor expressly disclaims all responsibility or liability in connection with User Content Submission(s). You acknowledge the global nature of the Internet and you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Again, you acknowledge that Kashvisor does not pre-screen Content, and agree that Kashvisor has the right to, in its sole discretion, remove any User Content at any time (with or without notice).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service, provided by you to Kashvisor are non-confidential and Kashvisor can unrestrictedly use and disseminate them for any purpose, commercial or other, without acknowledgment or compensation to you.
8. Obscene and offensive content
We are not responsible for any obscene or offensive content that you receive or view from others while using our Service. However, if you do receive or view such content, please contact us by email at support@kashvisor.com so that we can investigate the issue. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our Service.
9. Software and software updates
For the software you are authorized by Kashvisor to download via the Service, Kashvisor grants you a personal, nontransferable, non-sublicensable, nonexclusive license to use such software solely for the user's personal, non-commercial use, and only in accordance with these Terms provided by Kashvisor.
The software may communicate with the Kashvisor servers to deliver functionality and certain features to the software in order to keep the software running smoothly. We may, from time to time, develop and deliver patches, bug fixes, updates, upgrades and other modifications to improve or otherwise modify the performance of the software and related services (“Updates”).
10. Privacy and confidentiality
In the course of accessing and/or using the Services that we offer; we may obtain certain information about you or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy which herein forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. If you use the Services and/or the mobile app, and/or if you register for an account, you are accepting our Privacy Policy, which may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue the use of the Services.
11. Third-party content and resources
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services, or resources may contain links to the Services; (“Third-Party Content”). These other websites or resources are not under Kashvisor's control, and you acknowledge that Kashvisor is not liable or responsible for the content, accuracy, functions, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Kashvisor.
You further acknowledge and agree that Kashvisor shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
12. How we communicate: consent to electronic transactions, communication, and disclosures
To the fullest extent permitted by law, these Terms and any other agreements, notices or other communications from Kashvisor to you regarding our services and the services being offered to you, ("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Kashvisor website and/or delivered to your email address.
Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
Consent to monitoring and recording of calls: Kashvisor may, at its own discretion and without further notice or warning to you, monitor and/or record telephonic communications for our business purposes, such as quality control, fact verification, and training purposes and to help protect our rights and the rights of others, and you hereby consent to such monitoring and recording. All calls between Kashvisor and any user will be confidential.
Opting-out and withdrawal of consent: You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, we may still send you relevant information about your account, and any transaction detail carried out between you and other users on the Kashvisor Services. You further acknowledge and agree that opting out and withdrawing consent may impact your use of the Kashvisor service.
13. Copyright and infringement notification
Kashvisor respects the intellectual property of others and asks its users of the Service to do the same. Kashvisor’s Service may not be used to transmit, retransmit, distribute, post, or store any material that is in violation of any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.
Kashvisor has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on any of Kashvisor’s Services in a way that constitutes copyright infringement, please notify us.
In order to be valid, the notification must be in writing and must contain the following information:
Please note that (i) any person who knowingly misrepresents to Kashvisor that material is infringing shall be liable to Kashvisor and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Kashvisor and/or the alleged infringer as a result of Kashvisor’s reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to Kashvisor that the material was removed or access blocked by mistake or misidentification shall be liable to Kashvisor and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Kashvisor and/or the copyright owner or its authorized licensee as a result of Kashvisor’s relying on such misrepresentation and replacing such removed or blocked material.
14. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SOFTWARE, THE MOBILE APP, WEBSITE, CONTENT, AND MATERIALS) IS PROVIDED TO YOU BY KASHVISOR, ITS LICENSORS AND ITS SUPPLIERS ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
KASHVISOR MAKES NO PROMISE OR WARRANTY THAT (I) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE RESULTS OF USING THE SERVICE (OR ANY USER SUBMISSION(S)) WILL MEET THE USER'S REQUIREMENTS; (III) THAT THE CONDUCT OR QUALITY OF ANY THIRD-PARTY CONTENT ACCESSED THROUGH THE KASHVISOR SERVICE WILL BE SUITABLE. YOUR USE OF THE KASHVISOR SERVICE IS SOLELY AT YOUR OWN RISK.
15. Limitation of Liability
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KASHVISOR WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY.
INFORMATION MADE AVAILABLE TO YOU VIA THE SERVICES SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY, EFFICACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
IN NO EVENT SHALL KASHVISOR OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE KASHVISOR SERVICES, PRODUCTS OR CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CALM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN ADDITION, KASHVISOR SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USER'S ACCESS OR INABILITY TO ACCESS OR OTHERWISE USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES).
IN NO EVENT WILL KASHVISOR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO KASHVISOR DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO KASHVISOR, AS APPLICABLE. THE EXCLUSION AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KASHVISOR AND YOU.
YOU AGREE THAT IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICE.
16. Indemnification
You agree that as a condition of use of the Services, you will indemnify, defend, and hold harmless Kashvisor, its officers, directors, employees, agents, licensors and suppliers (collectively, the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services or any product, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
17. Release
In addition to the recognition that Kashvisor is not a party to any contract between users of the service, you hereby release Kashvisor, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees, and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another user, whether it be at law or in equity that exists as of the time you enter into this agreement.
This release includes, for example, and without limitation, any disputes regarding the performance, functions, and quality of the Services provided by a Service Provider and requests for refunds based upon disputes.
This release will not apply to a claim that Kashvisor failed to meet our obligations under the Terms of Service.
18. Termination
Unless both you and Kashvisor expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein.
Termination by Kashvisor: We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account. Without limiting Kashvisor’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Services, deny your registration, or permanently revoke your access to the Services and refuse to provide any or all Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Kashvisor or our Affiliates; may be contrary to the interests of the Service or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Services under the same Account or a different Account or re-register under a new Account without Kashvisor’s prior written consent.
Termination by You: You may terminate this Agreement by completely and permanently ceasing to use the Services (provided that there are no outstanding Services ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your Account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by this Agreement. If you cancel your Account before the end of any current subscription, the termination will take effect immediately, but you will not be refunded any unused subscription.
19. Choice of law and jurisdiction
These Terms and your use of the service are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
20. Dispute resolution; arbitration
To expedite dispute resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you, as a user of the Kashvisor Services agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. We are available by email at support@kashvisor.com to address any concerns or questions that you may have regarding your use of the Kashvisor Services
You and Kashvisor agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration in the event where informal negotiation did not work, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Kashvisor with written notice of your desire to do so by email at support@kashvisor.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Kashvisor with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. All claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Kashvisor Services will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online, in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms will be subject to the Federal Arbitration Act.
You and Kashvisor agree to the fullest extent permitted by applicable law, that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Notwithstanding the provisions as regards how we can make changes to these Terms, if Kashvisor changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@kashvisor.com ) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Kashvisor’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Kashvisor in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
21. General provisions
If any provision of these Terms is determined by a court to be invalid, void or unenforceable, the Parties agree that the remaining provisions of this Agreement will not be affected thereby and that this Agreement will in any event otherwise remain valid and enforceable.
After this Agreement terminates, the terms of this Agreement and the other Terms that expressly or by their nature contemplate performance, after this Agreement terminates or expires, will survive and continue in full force and effect. For example, the provisions requiring arbitration, protecting intellectual property, indemnification, payment of fees, reimbursement, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you or Kashvisor from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce at any time any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that well will pursue legal actions against all breaches of this Agreement.
You may not assign these Terms, or any of its rights or obligations hereunder, without Kashvisor’s prior written consent in the form of a written instrument signed by a duly authorized representative of Kashvisor. We may assign these Terms without your consent. Subject to the foregoing restrictions, the Terms herein are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
These Terms with other policies presented to you, constitute the entire agreement between you and us with respect to the Services and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written.
22. Questions or complaints?
Feedback, comments, requests for technical support, and other communications relating to the App and the Services should be directed to us. Please contact us at support@kashvisor.com.
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