Terms and Conditions

The mobile app Kayan and all of its contents and services are powered by Digital Studio. In the whole of the below text, the term ‘You’, ‘Client’ or ‘User’ all denotes the user or client who access the mobile app (in any way) or uses the services of it in any level.

The following Terms and Conditions apply to and govern the usage of the whole of Kayan mobile app and all of its content, services and products available through the mobile app, including, but not limited to, the client area (collectively referred to as the mobile app). The ‘Terms and Conditions section is written by us with the motive of providing maximum possible clarity for points of understanding between the mobile app’s firm and the user of the mobile app. However, we in no way provide assurance that this section would consist of answers and explanations for all questions in regards to Terms and Conditions. In case you don’t find an answer to a question or demand to have more clarity on a particular point, you shall email to us.

By accepting to access or use any part of this mobile app, you are assumed to have agreed to be bound by the Terms and Conditions of this Agreement. In case you do not agree to all the Terms and Conditions of this agreement, then you shall not access the Website or use any of its services.

The mobile app is suitable only to individuals who are at least 13 years old.

Client Area Account

You are solely responsible for maintaining the security of your client area account and for any kind of activity that occurs within the account. You are expected to notify Digital Studio immediately in case of any unauthorized uses of your account or any other breaches of security. Digital Studio will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions

Responsibility of mobile app users

By operating the mobile app, Kayan app does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your mobile device from viruses, worms, Trojan horses, and other harmful or destructive content. In spite of its ethical measures, the mobile app might contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Digital Studio disclaims any responsibility for any harm resulting from the use by users of the mobile app.

Intellectual Property Kayan, Kayan logo logo and all other trademarks, service marks, graphics and logos used in connection with the products in kayan app are trademarks or registered trademarks of Kayan or Digital Studio licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of Kayan or third-party trademarks. As Kayan asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Kayan app violates your copyright, you are encouraged to notify Kayan., in accordance with common DMCA policies. Kayan will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Kayan or others.

Changes

Kayan reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Kayan may also, in the future, offer new services and/or features through the mobile app (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Kayan app may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

Disclaimer of Warranties

The mobile app is provided “as is”. Digital Studio and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kayan nor its suppliers and licensors make any warranty that the mobile app will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the mobile app at your own discretion and risk.

Limitation of Liability

In no event will Kayan, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Digital Studio under this agreement during the twelve (12) month period prior to the cause of action. Digital Studio shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law

Indemnification

You agree to indemnify and hold harmless Kayan, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the mobile app, including but not limited to your violation of this Agreement.

Kayan End User License Agreement

Hereafter, “Product” or “software” refers to the extension or other scripts that you buy, “Licensor” refers to Kayan, “License” refers to this document, and “Licensee” refers to the party that received this license after having downloaded the respective product and paying the required fee as determined by the Licensor. This License governs the use of the accompanying product, and your purchase and use of the product constitutes your acceptance of this License and all of its contents and stipulations.

THIS PRODUCT IS NEITHER A FREEWARE NOR SHAREWARE. IT IS A COMMERCIALLY LICENSED PRODUCT. IT MUST BE PURCHASED FROM THE LICENSOR FOR USE BY ANY INDIVIDUAL OR PARTY, AND IS SUBJECT TO THE FOLLOWING TERMS

Refusal Of Service And Business Relations

Kayan reserves the right to cease support and/or terminate business relations in instances of libel, defamation, abuse, or harassment. Kayan will terminate all support and business relations in instances of software piracy. This includes, but is not limited to “cracked”, “nulled”, or otherwise unlicensed versions of Kayan scripts or plugins.

Illegal Distribution

If our product is found to be stolen, distributed without permission, illegally obtained, or if the users of this software are found to be breaching any of the terms herein, the Licensor has the unconditional right to prosecute them to the fullest extent of the law.

Liabilities

The Licensor, its management, or any of its employees, associates, or partners cannot be held liable for any damages that this Software may cause. As the Licensee and user of the Software, you agree to accept full liability for any damages, risk, and losses involved with or incurred by the use of the Software.

THE SERVICES OR SOFTWARE AND ALL ASSOCIATED MATERIALS AND SERVICES ARE PROVIDED SOLELY ON AN “AS-IS” BASIS WITH ABSOLUTELY NO WARRANTY OF FITNESS OR MERCHANTABILITY, EXPLICIT OR IMPLIED

Licensor shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Licensor was advised of the possibility of such losses in advance. In no event shall Licensor’s liability hereunder exceed the number of license fees paid by Licensee, regardless of whether Licensee’s claim is based on contract, tort, strict liability, product liability or otherwise. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. This license must be left completely intact when this software is used, or copied for approved multi-user use. The Licensor reserves all rights not expressly granted to you in this license.