Terms and Conditions
1. Permitted use of the site
By accessing the website, you agree that you will not:
- Use the Website in violation of these Terms and Conditions
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Website, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way
- Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the website in a manner that sends more request messages to the Kalbos servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser
- Use the website in any manner that damages, disables, overburdens, or impairs any Services of Kalbos or interferes with any other party's use and enjoyment of the website;
- Mirror or frame the website or any part of it on any other website or web page
- Attempt to gain unauthorized access to the website
- Access the website by any means other than through the interface that is provided by Kalbos for use in accessing the website
- Use the website for any purpose or in any manner that is unlawful or prohibited by this Agreement
Any unauthorized use of any Content or the website may violate the patent, copyright, trademark, and other laws
2. Description of Services
3. Subscription, Free Trial
For Personal Plan, Kalbos provides free service for 1 User. For Professional, Business, and Enterprise Plans, Kalbos provides a one-month free trial each, after which the regular subscription fees will be charged. You shall pay the fees either in US dollars or Indian Rupees.
4. Fees Adjustment
Kalbos offers Monthly and Yearly Plans and the Billing Period will be one month. When you upgrade or downgrade your Subscription within a Billing Period, the fees adjustments will be made at the date of the end of your then-current Billing Period provided that, if you purchased a product with included Users, then you'll continue to have those Users included even if they are not assigned.
5. Limited License Grant
We hereby grant you a non-exclusive, non-assignable, non-sublicensable limited license, for your use only, for the term of this Agreement, to access and use the Services and any user's guides, specifications, and other related documentation available online (the Documentation), subject to the terms and conditions of this Agreement. The licenses granted herein are conditioned upon timely payment in full, monthly or annually, for the Services in advance of your access to, continued use of our receipt of the Services.
6. Registration Obligations
In consideration of your use of the Services, you agree to:
- provide true, accurate, current and complete information about your self, including but not limited to contact information, as prompted by the Registration Process (Registration Data) to sign up for a user account (the Kalbos Account), which may be either a single user Individual Account or a multi-user Team Account; and
- Maintain and promptly update your Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Kalbos has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Kalbos has the right to suspend or terminate your Kalbos Account and refuse current or future use of any or all of the Services. you may not use another person's, entity's, your, subscriber's, company's, or organization's account without the express prior written permission of that party. You are solely responsible for maintaining the confidentiality of your Kalbos Account and password and for restricting access to your computer and/or mobile device, and you agree to accept responsibility for all activities that occur under your Kalbos Account username or password. If you have reason to believe that your Kalbos Account is no longer secure, you agree to notify Kalbos immediately. You may be liable for the losses incurred by Kalbos or others due to any unauthorized use of your Kalbos Account.
7. Copyright and Trademark
The website are based upon proprietary Kalbos technology and include the Content. The website are protected by applicable intellectual property and other laws, including trademark and copyright laws. The website, including all intellectual property rights in the website, belongs to and is the property of Kalbos or its licensors (if any). Kalbos owns and retains all copyrights in the Content. Except as specifically permitted on the website as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the website, in whole or in part, by any means. Kalbos names and logos and all related products and service names, design marks and slogans are the trademarks or service marks of Kalbos. you are not authorized to use any Kalbos name or mark in any advertising, publicity or any other commercial manner without the prior written consent of Kalbos. Links to Third-Party Web Sites.
8. Information and Materials you Post or Provide
9. Links to Third-Party Web Sites
10. Downloading File
Kalbos cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection by software viruses or other harmful computer code, files or programs.
You may access your data from the Services, via use of the Application Program Interface (API). Any use of the Kalbos API, including but not limited to access of the API via a third party application is specifically bound and subject to the terms and conditions herein. Without limiting the foregoing, you specifically agree to be bound to the following terms regarding Kalbos API use:
- You expressly agree the Kalbos API will be provided on an 'as is' and 'as available' basis;
- You expressly agree that Kalbos shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, loss of data, misappropriation of data, breach of data security, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of the Kalbos API, either directly or via a third-party application
- Kalbos expressly reserves the right at any time, in its sole discretion, to revoke permission, modify or discontinue the availability of the Kalbos API, in whole or in part, to any you, with or without notice.
- Any abuse of the Kalbos API or excessive use of the API bandwidth (to be determined in the sole discretion of Kalbos) will result in the immediate suspension of your account without notice.
12. Team Accounts
A Team Account shall be defined as two or more users accessing the same Kalbos Account. Kalbos Accounts may be purchased by a company or an individual for the purpose of adding numerous users together under one common Kalbos Team Account. You acknowledge and agree that all data linked or uploaded by each user to a Team Account is accessible by all users who have access to the same Team Account. You acknowledge and agree that by updating data, importing data or linking third party sites or applications to a Team Account, you grant access and visibility to such data to each user of such Team Account. You acknowledge and agree that all contact information, data or content uploaded, including but not limited to your lists, email addresses, phone numbers, physical addresses of user or others, imported, or otherwise linked to a Kalbos Account ('Contact Information'), is shared with all users of such Kalbos Account, which may be a Team Account. You acknowledge and agree that linking third party sites, applications or contact information or data may share otherwise private communications with other users of such Team Account. If the registered owner ('Administrator') of the Team Account deletes a user from the common Team Account, the Team Account database is altered, and all communication associated with such deleted user will be removed. However, the user agrees that imported or linked Contact Information will not be removed from the common Team Account.
13. Personal information and privacy
You shall indemnify and hold harmless Kalbos, its officers, directors, employees, at your expense from and against those third-party claim, suit, action, or proceeding, liabilities, damages and costs (each, an "Action") brought against us (and our parent companies, subsidiaries, affiliated companies, joint venturers, business partners, officers, directors, employees, agents, service providers, licensors, and any third-party information providers) that you are legally obligated to pay as a result of any damage to any property, to the extent caused by your willful misconduct, negligent act, error or omission or anyone for whom you are legally responsible, subject to any limitations of liability contained in this Agreement. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You will reimburse us for reasonable defense costs for claims arising out of your professional negligence based on the percentage of your liability. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
If we update or replace the terms, we will let you know via an in-app notification in your portal or by email.
You may register for a free trial of the Services and Kalbos will make the Services available on a trial basis at no cost until the earlier of (i) the end of the trial period; or (ii) upon purchase of any Premium Services by you. You may use the Services offered for a free trial without any obligation to purchase Premium Services. If you do not purchase Premium Services or cancel the Kalbos Account by the end of the trial period, your Kalbos Account will be suspended and will be marked for deletion from Kalbos servers. You may restore a suspended Kalbos Account within sixty (60) calendar days of suspension by purchasing Premium Services. If your Kalbos Account remains in suspended status for sixty (60) calendar days, all of your content and data, including but not limited to Contact Information, will be deleted from Kalbos servers. This information cannot be recovered once deleted.
17. Premium Services
Kalbos reserves the right at any time to assess fees for access, to portions of or in its entirety, any or all of the Services and to modify such fees. You may review Kalbos’s current pricing for Premium Services at the following link https://www.kalbos.io. Such fees shall not be charged unless your agreement to pay such fees is obtained. If you purchase a premium Kalbos Account that is offered by Kalbos for a fee or adds additional services which are not part of the Kalbos Account (“Premium Services”), and such transaction is confirmed by you, you agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for upgrades and changes) as they become due plus all related taxes, if applicable, and hereby authorize Kalbos to assess a monthly or annual recurring automatic payment transaction which will be assessed to the payment form provided by you at the time of Premium Service registration. Team Accounts will be billed for all users invited to join the Team Account regardless of the response to such invitation, acceptance or denial. If you elect not to pay such fees, Kalbos shall have the right to cease providing some or all of such Service to you. You agree and acknowledge that Kalbos's payment processor, an independent contractor, stores Your payment information.
18. Termination and Suspension
This Agreement will apply for as long as you use or maintain a username with Kalbos. We may terminate this Agreement and/or suspend your access to Kalbos immediately if you: (i) violate any of the terms of this Agreement, (ii) use Kalbos in a way which has or may negatively reflect on or affect us, our prospects, or our users, or (iii) if we determine it to be necessary or desirable in our sole discretion. We are not obligated to provide you with any of Your Content used in connection with the Websites after termination. Termination or expiration of this Agreement shall not cause your subscription agreement to be terminated if you have one
19. Payment Method and Invoices
If you are paying by credit card or bank, you authorize us to charge your credit card or bank account for all fees payable during the Billing Period. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. If you are paying by invoice, we will invoice you no more than forty-five (45) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your Kalbos account. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Billing Period.
a. No Refunds
Kalbos employs a NO REFUNDS policy, regardless of the use of the Services. ALL SALES ARE FINAL. You agree and acknowledge that your obligation to pay fees continues through the end of the billing period, monthly or annual, during which you cancel your Premium Services.
b. Past Due
If your Kalbos Account is in the past due status due to non-payment, Kalbos will notify you or Administrator of Team Accounts in writing of account’s past due status. If payment is not received by Kalbos within ten (10) calendar days, Your access to your Kalbos Account will be restricted. If your Kalbos Account remains in the past due status for a period of thirty (30) calendar days, your Kalbos Account will be suspended and will be marked for deletion from Kalbos servers. You may restore a suspended Kalbos Account within sixty (60) calendar days of suspension by paying for the past due balance on the Kalbos Account. If your Kalbos Account remains in suspended status for sixty (60) calendar days, all of your content and data, including but not limited to Contact Information, will be deleted from Kalbos servers. This information cannot be recovered once deleted. Payment Disputes. All payment disputes must be submitted in writing to Kalbos at BILLING@KALBOS.COM WITHIN THIRTY (30) DAYS OF THE OCCURRENCE OF SUCH DISPUTED CHARGE
20. Auto Renewal and Cancellation of Subscription
You may anytime cancel your subscription (or downgrade) paid services with Kalbos. Unless you cancel your subscription, if you have opted for auto-renewal, Kalbos will continue to charge your credit card or bank account for all fees payable during the Billing Period. You’ll have options for an opt-out for auto renewal and pay manual fees for each Billing Period under the Payment Options in the Websites.
21. Taxes and Withholdings
All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT, and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you are subject to GST, all fees are exclusive of GST. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
22. Legal Jurisdiction
Your physical address determines which Kalbos entity you are contracting with for the Subscription and Consulting Services. For this Agreement, 'located in' means your shipping or physical address.
a. North America and countries other than European Countries, Switzerland, and India
If you are located in North America and in any other country other than European Countries, Switzerland and India, then you are contracting MattsenKumar LLC situated at 576 Glatt Circle, Woodburn, OR USA Zip - 97071
Your applicable laws of your State is the State of Oregon, and courts in your State is the United State District Court for the District of Oregon or the Circuit Court of the State of Oregon, County of Marion.
b. European Countries and Switzerland
If you are located within any of the General Data Protection Regulation (the GDPR) covered locations in EU and Switzerland, then you are contracting with MattsenKumar LLC situated at 576 Glatt Circle, Woodburn, OR USA Zip - 97071
Your applicable laws of your State is the General Data Protection Regulation (the GDPR), and courts in your State is the data protection authorities at European Commission.
If you are located in India, then you are contracting MattsenKumar Services Private Limited situated at 34, Udyog Vihar, Phase-IV, Gurgaon, Haryana, IN - 122016
Your applicable laws of your State is the General Data Protection Regulation (the GDPR), and courts in your State is the courts in the State of Haryana, India