Terms of Use

  1. Introduction

This Software as a Service (SaaS) Agreement (“Agreement”) is entered into between the service provider (“Kobelt Development Inc. DBA KDI”) and the user (“Customer”). By clicking “Accept” or using the service, you (“Customer”) agree to the terms and conditions of this Agreement.

  1. Services Provided

The Company will provide access to its software and services (“Services”) through a web-based platform. This Agreement governs your use of the Services.

  1. Acceptance of Terms

By clicking “Accept” or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. Your continued use of the Services after any modification to the Agreement will constitute acceptance of such modifications.

  1. Term and Termination

This Agreement will remain in effect until terminated by either party. You may terminate the Agreement by discontinuing use of the Services. The Company may terminate the Agreement or suspend your access to the Services at any time for violation of the terms or any other reason.

  1. Fees and Payment

Any fees for the Services will be clearly displayed on the platform, and you agree to pay all applicable fees. Failure to pay may result in suspension or termination of your access to the Services.

  1. Customer Responsibilities

You agree to:

  • Use the Services in compliance with all applicable laws and regulations.
  • Provide accurate and up-to-date information.
  • Maintain the security and confidentiality of your login credentials.
  1. Intellectual Property

The Company retains all intellectual property rights related to the Services. You are granted a limited, non-exclusive, non-transferable license to use the Services during the term of this Agreement.

  1. Limitation of Liability

The Company will not be liable for any indirect, special, incidental, or consequential damages arising out of or related to this Agreement, even if advised of the possibility of such damages.

  1. Compliance with privacy laws

The Company (KDI) makes the following additional commitments, representations, and warranties to Customer:
9.1 The Company will only process Customer Data and Personal Information on behalf of, and as Service Provider of, the Customer, and not collect, retain, use, or disclose that data for any purpose other than to perform the App Provider’s obligations under this Agreement, as permitted under CCPA and other applicable privacy and data protection laws (collectively, “Privacy Laws”). In no event will the Company “sell” (as defined by Privacy Laws) any such personal information.
9.2 The Company will not collect, use, retain, disclose, sell, or otherwise make Customer Data or Personal Information available for the Company’s (KDI) own commercial purposes or in a way that does not comply with the CCPA or other Privacy Laws.
9.3 The Company will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to provide the Services set forth in the Agreement or another compatible operational purpose.

  1. Data subject rights – assistance with requests

10.1 The Company will reasonably cooperate and assist Customer with meeting Customer’s CCPA and Privacy Law compliance obligations and respond to CCPA-related inquiries, including responding to verifiable consumer requests, taking into account, the nature of the company’s processing, and the information available. The Company will make available to Customer, in a manner consistent with the functionality of the Service and Company’s role as a Service Provider of Personal Information of data subjects, the ability to fulfill data subject requests to exercise their rights under Privacy Laws.

10.2 If the Company receives a request from Customer’s data subject to exercise one or more of its rights under Privacy Laws in connection with the Services, the Company will redirect the data subject to make its request directly to Customer. The Customer will be responsible for responding to any such request including, where possible, by using the functionality of the Services. App Provider shall comply with reasonable requests by Customer to assist with Customer’s response to such a data subject request.
10.3 The Company will notify the Customer immediately if it receives any complaint, notice, or communication that directly or indirectly relates either party’s compliance with Privacy Laws relating to provisioning of the Services.

  1. Modifications

The Company may modify this Agreement from time to time. You will be notified of any changes, and continued use of the Services after such modifications will constitute your acceptance of the revised Agreement.

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of British Columbia.

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