Ktau Inc. - Terms of Service

1. Introduction

We have strived to make this Agreement as clear and readable as possible. However, for legal reasons, some sections contain necessary "legalese."

2. Your Acceptance of this Agreement

These Terms of Service are a legally binding contract entered into by and between you and Ktau Inc., d/b/a Ktau ("Company," "we," "our," or "us").

The subsequent terms and conditions, along with any documents they expressly incorporate by reference (collectively, the "Terms of Service"), oversee your access to and use of ktau.ai, which includes any content, features, and services offered on or through ktau.ai (the "Website").

Please review these Terms of Service thoroughly before you begin using the Website.

By using the Website, or by clicking to accept or agree to the Terms of Service when this option is presented, you accept and agree to be bound by and adhere to these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Service, you are prohibited from accessing or using the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU:

ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE;
REPRESENT AND WARRANT THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION TO FORM A BINDING CONTRACT WITH US; AND,
AGREE THAT IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE SUCH ACCESS IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

3. Updates to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All modifications are effective immediately upon being posted and apply to all subsequent access to and use of the Website.

Your continued use of the Website after the posting of revised Terms of Service indicates that you accept and agree to the changes. You are expected to check this page each time you access the Website to stay aware of any changes, as they are binding on you.

4. Your Responsibilities

You are responsible for ensuring that all individuals who access the Website through your internet connection are aware of and comply with this Agreement. As a condition of your use of the Website, you must ensure that all information you provide is accurate, current, and complete.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND FOR YOUR COMPUTER, INTERNET, AND DATA SECURITY.

5. Prohibited Activities

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

- In any manner that infringes upon any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws concerning the export of data or software to and from the U.S., Canada, or other countries).
- For any purpose of exploiting, harming, or attempting to exploit or harm minors in any way, such as by exposing them to inappropriate content or asking for personally identifiable information.
- To send, knowingly receive, upload, download, use, or reuse any material that does not adhere to the Submission Standards outlined in these Terms of Service.
- To transmit, or arrange for the sending of, any advertising or promotional materials, including any "junk mail," "chain letters," "spam," or other similar solicitations.
- To impersonate or try to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other activity that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

- Use the Website in any way that could disable, overburden, damage, or impair the site or interfere with any other party's use of it, including their ability to engage in real-time activities.
- Employ any robot, spider, or other automated device, process, or means to access the Website for any purpose, including to monitor or copy any material on the Website.
- Use any manual process to monitor or copy material from the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Utilize any device, software, or routine that disrupts the proper functioning of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which it is stored, or any server, computer, or database connected to it.
- Launch a denial-of-service attack or a distributed denial-of-service attack against the Website.
- Otherwise attempt to interfere with the proper working of the Website.

6. Intellectual Property Rights

The Website and its complete contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and their design, selection, and arrangement) are the property of the Company, its licensors, or other providers of such material. They are protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Website, except as follows:

- Your computer may temporarily store copies of such materials in RAM as part of accessing and viewing them.
- You may store files that are automatically cached by your Web browser for display enhancement.
- You may print or download one copy of a reasonable number of pages from the Website for your own personal, non-commercial use.

You must not:

- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Service, your right to use the Website will cease immediately. You must, at our discretion, either return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any of its content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a violation of these terms and may infringe upon copyright, trademark, and other laws.

7. Our Rights

We have the right, without providing notice, to:

- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authorities, or notifying an affected party of any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any reason, or no reason at all, including any violation of these Terms of Service.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE AFOREMENTIONED PARTIES RELATING TO INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

8. Third-Party Links and Content

For your convenience, this Website may feature links or pointers to third-party sites or content. We make no representations regarding any other websites or third-party content that may be accessed from this Website. If you decide to access any such sites, you do so entirely at your own risk. We have no control over the content of third-party sites and accept no responsibility for them or for any loss or damage that may result from your use of them. You are subject to the terms and conditions of any such third-party sites.

9. Payment and Fees

Access to our services may require you to purchase or pay a fee. We accept Visa, Mastercard, American Express, and Stripe for all purchases. However, the Company does not guarantee the availability of any payment method at any given time and may add, remove, or suspend any payment method at its sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You also agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as we deem required. Prices are subject to change at any time. All payments shall be in Canadian (CAD) or US Dollars (USD).

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for these amounts upon making your purchase.

If your purchase is subject to recurring charges, you must maintain a valid payment method on file with the Company to cover all incurred and recurring fees. The Company will charge applicable fees to any valid payment method you have provided, and you will be invoiced automatically as outlined in your order. You authorize such payment of recurring fees without requiring your prior approval for each charge, until you notify us of your cancellation, the Company terminates the agreement in writing per these Terms, or the contract ends and all outstanding fees have been paid in full.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.

10. Cancellation

You can cancel your subscription at any time by logging into your account or by contacting us through the contact information provided. Your cancellation will become effective at the end of the current billing cycle. Subscription purchases are non-refundable, have no monetary value (e.g., they are not a cash account), and are purchases of only a non-exclusive, revocable, non-assignable, and non-transferable right to use the subscription. You may not transfer, sell, purchase, barter, or trade your subscriptions or attempt to do so. Any such attempted transfer is null and void. Except as required by applicable law, we are not liable for any refunds or credits related to any modified, suspended, or terminated subscriptions.

11. Disclaimers, Liability, and Indemnification

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, OR ITEMS OBTAINED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. THEY DO NOT WARRANT THAT ANY GOODS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT HOSTS IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE, OR PROFIT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website. This includes, but is not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms of Service, or any use of goods, products, and information purchased from this Website.

12. Privacy Policy

Your provision of personal information through the Website is governed by our privacy policy, located at /privacy-policy (the "Privacy Policy").

13. Governing Law

The Website and these Terms of Service will be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions. Any legal action or proceeding arising from or related to this Website and/or these Terms of Service will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue within them.

If you are a citizen of any European Union country, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service.

14. Severability

If any provision of these Terms of Service is found to be illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve the original term's effect as closely as possible, and all other provisions of these Terms of Service will remain in full force and effect.

15. Entire Agreement

These Terms of Service represent the entire and exclusive agreement between the parties concerning its subject matter. It supersedes and extinguishes all prior or contemporaneous agreements, undertakings, arrangements, or understandings of any kind, whether oral or written, made by the parties. Each party acknowledges they are not relying on any statements, warranties, or representations made by any other party that are not expressly set out in these Terms of Service.

16. Waiver

No failure or delay by either party in exercising any right or power hereunder shall operate as a waiver of that right, nor shall any single or partial exercise of any right or power preclude its further exercise.

17. Notice

We may provide notice to you under these Terms of Service by: (i) sending a message to the email address you provide, or (ii) posting a notice on the Website. Notices sent by email are effective when the email is sent, and notices provided by posting are effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms of Service, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Ktau Inc., [Company Mailing Address], Toronto, ON, Canada. We may update the address for notices by posting a new notice on this Website. Notices delivered personally will be effective immediately upon receipt by an authorized representative. Notices sent by courier or registered mail will be effective upon confirmed receipt.