Introduction
Welcome to the KNUBISOFT INC. website (the “Site”). These Terms of Use (“Terms”) govern your access to and use of the Site. By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not access or use the Site.
1. Acceptance of Terms
By accessing or using the Site, you affirm that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are accessing or using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Use of the Site
You agree to use the Site in accordance with these Terms and all applicable laws and regulations. You may not use the Site for any unlawful or prohibited purpose. Specifically, you agree not to:
- Violate any applicable laws or regulations.
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available.
- Engage in any unauthorized access to the Site or its related systems or networks.
- Use the Site to transmit any viruses, malware, or other harmful code.
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
3. Intellectual Property
All content, features, and functionality on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and the design, selection, and arrangement thereof, are the exclusive property of KNUBISOFT or its licensors and are protected by applicable intellectual property laws. You may not use, reproduce, distribute, or create derivative works of any content on the Site without our express written permission.
4. User Accounts
To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
5. Privacy
Your use of the Site is also governed by our Privacy Policy and Cookie Policy. By using the Site, you consent to the collection, use, and disclosure of your information as described in these policies.
6. Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by KNUBISOFT. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
7. Terms for Specific Services
The terms of rendering specific software development and IT consulting services by KNUBISOFT will be governed by separate contracts to be made between KNUBISOFT and the customer. These specific contracts will outline the particular terms, conditions, and responsibilities applicable to those services.
8. Fees and Payment
Certain features or services offered on the Site may be subject to fees or charges. You agree to pay all applicable fees or charges for your use of the features or services in accordance with the terms and conditions applicable to those features or services. All fees and charges are non-refundable, except as required by law or as otherwise stated in the terms and conditions applicable to those features or services.
9. Billing and Account Information
You agree to provide current, complete, and accurate billing and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and payment method details, so that we can complete your transactions and contact you as needed.
10. Prohibited Activities
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content:
- For any unlawful purpose.
- To solicit others to perform or participate in any unlawful acts.
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- To submit false or misleading information.
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet.
- To collect or track the personal information of others.
- To spam, phish, pharm, pretext, spider, crawl, or scrape.
- For any obscene or immoral purpose.
- To interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
11. Disclaimer of Warranties
The Site and all content, features, and functionality on the Site are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or any other warranty, whether express or implied. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
12. Limitation of Liability
To the fullest extent permitted by applicable law, KNUBISOFT and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Site; (b) any conduct or content of any third party on the Site; (c) any content obtained from the Site; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
13. Indemnification
You agree to indemnify, defend, and hold harmless KNUBISOFT and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
14. Termination
We may terminate or suspend your access to the Site, without prior notice or liability, for any reason whatsoever, including but not limited to your breach of these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in the State of Delaware for the purpose of litigating all such claims or disputes.
16. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Site.
17. Contact Us
If you have questions or comments about this Privacy Policy, please contact us at [email protected] or at 3524 SILVERSIDE RD STE 35B, WILMINGTON, New Castle, DE, 19810.