Last Updated April 8th, 2019
1. Age and Eligibility
You certify that you are a person at least 13 years of age. The Website may only be used or accessed through an electronic device controlled of you at all times. A valid Kilo account may only be created and maintained if you provide valid information about you in the signup process, and you regularly update such information to assure its accuracy. Kilo reserves the right to terminate any account that does not include a valid email address on file.
You shall be responsible for maintaining the confidentiality of usernames and passwords associated with your account. Each user must have unique login credentials that may not to be shared by multiple users. You are responsible for all activities that occur under your account.
2. Temporary Use License
During the term stated in your account admin panel, or if no term is stated on a one-time temporary basis, you are granted a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, subject to the terms and conditions of this Agreement, to access and use the Website. You are not granted a license or any other right to copy or store any of the Website (including any portion of the software or documentation) on any computer or other device.
Kilo shall own and retain all right, title and interest in and to its Website(s) and related software, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. Except for the limited access rights expressly granted in this paragraph, You obtain no rights to the Website or Kilo’s intellectual property rights by implication, estoppel or otherwise.
3. Your Content
By posting or publishing your content or comments or transmitting your data (“Content”) through this Website, you give us permission to display and distribute your Content in order to provide the features, functionality and services of the Website. By posting and publishing your Content, you represent and warrant that your Content does not infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Kilo does not allow any of the following Content, or links to such Content, to be published on the Website:
Content of an illegal nature (including stolen copyrighted material).
Pirated software sites, including cracking programs or cracking program archives.
Content with the purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Kilo shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Website and related systems. Kilo will use such data to administer, improve and develop its products and services, including the Services; and Kilo may share aggregated information and non-identifying information with third parties. You acknowledge that Kilo may also share any Content and Your information if the disclosure is necessary to comply with a valid court order or subpoena.
4. Acceptable Use
Kilo does not allow any of the following:
You may not send unsolicited messages or use the Website or Services to send unsolicited messages (also known as junk mail or SPAM).
Any person deemed to be using Kilo solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in the Kilo Website (which includes its software and documentation) to a third party, through framing or any other method.
You must not reverse engineer, reverse assemble, or otherwise attempt to discover any programming code used in or with the Services or Website (where reverse engineering is permitted by applicable law obtaining such information as is necessary to achieve interoperability with our services, you agree to first requested such information from us).
You must not modify, create derivative works based on or in any manner commercially exploit the Website or Services, in whole or in part.
You must not interfere with or disrupt the Services or Website or any part thereof, or create an undue burden on the Website or the networks or services connected to the Website.
You must not introduce software or automated agents or scripts into the Kilo Website in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data from the Website.
You must not perform any benchmark tests or analyses relating to Kilo’s Website or Services without express permission of Kilo.
Except for permitted use of our API, you may not access the Website through automated methods, and any other use of robots or other computer code which calls the Website is absolutely forbidden.
The network resources of Kilo may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Kilo. All messages transmitted via Kilo should correctly identify the sender; You may not alter the attribution of origin in electronic mail messages or postings.
You shall not attempt to undermine the security or integrity of computing systems or networks of Kilo, its partners, or any other person, and must not attempt to gain unauthorized access.
The Website and its Services may only be used for lawful purposes.
The final decision of whether an account is in violation of any of these policies is at the sole discretion of Kilo. You agree that violations by you or any person or entity acting under your account of the terms of this Agreement will, in addition to any other remedies including criminal prosecution, result in termination of your access to the your website and removal (taking down) of all projects. In addition, violation of these terms or any of Kilo’s policies may result in tracking information being stored to identify the offending person, and permanent restriction from holding an account on the Website.
5. Kilo Etiquette
You are prohibited from using Kilo for the propagation, distribution, housing, processing, storing, or otherwise handling any material in any way which Kilo deems, in its sole discretion, to be objectionable. This also includes links or any connection to such materials. The designation of any materials as objectionable is left entirely to the sole discretion of the Kilo management. Although Kilo has no obligation to monitor your use of the Website or Services, Kilo may do so and may prohibit any use it reasonably believes may be in violation of this Agreement.
6. Third-Party Websites.
The Website may contain links to third-party websites. Such linked websites are not under Kilo’s control, and Kilo is not responsible for their content.
7. Warranty Disclaimer
THE WEBSITE AND ALL CONTENT, SOFTWARE AND SERVICES OFFERED THROUGH THE WEBSITE ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND KILO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KILO DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES KILO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ITS CONTENT OR THE SERVICES. KILO HAS NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA, AND KILO MAKES NO CLAIMS OR WARRANTIES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE CONTENT, SOFTWARE AND SOLUTIONS OFFERED THROUGH THE WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE’S INTEROPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You shall indemnify, defend and hold harmless Kilo and its officers, directors and employees, from and against all third party claims, losses, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or relating to your use of the Website, your use of the Services, your Content, or any products or services offered by you to a third party, or obtained by you from a third party, via the Website.
9. Limited Liability
KILO’S AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY SOFTWARE, SERVICES OR CONTENT ON THE WEBSITE, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN THE LESSER OF (A) THE TOTAL FEES PAID BY YOU IN THE THEN-CURRENT MONTH OR (B) ONE HUNDRED DOLLARS (USD $100).
IN ADDITION, KILO WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.
10. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to conflict of law principles. You and Kilo agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California for the purpose of litigating all disputes.
This Agreement, together with any other agreements you have with Kilo such as the Self-Serve Subscription Agreement, constitute the entire and exclusive agreement between You and Kilo regarding use of and access to the Website and Services. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without Kilo’s prior written consent. Kilo may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect Kilo’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Neither Kilo nor you will be in violation of the Agreement if a failure to perform any obligation (other than failure to pay) is due to an event beyond such party’s control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other similar events. Upon termination or expiration of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration
13. Consent to Electronic Communications
By using the Website or the Services, you consent to receiving certain electronic communications from Kilo and agree that any notices, agreements, disclosures, or other communications that Kilo sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
14. Contract Revisions
We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We will provide you advance notice of any material revisions. This notice will be provided in your Kilo account portal or via an e-mail to the e-mail address owner of your Kilo account. For other revisions, we will update the effective date of these Terms at the top of the page. We encourage you to check the effective date of these Terms whenever you visit Kilo’s website or log in to your kilo account. Your continued access or use of the Services constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Services.
15. Contact Information
The Website is offered by Kilo & Company, LLC., located at 2929 Canton St, Dallas, Texas 75226. You may contact us by sending correspondence to the foregoing address or by emailing us at sing [email protected]. Report misuse of the Services or Website at [email protected]. If you are a California resident, you may have this Agreement mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for this Agreement.