Ketl

1. Introduction

These terms of service (the 'Terms') define an order of your access to and use of a service called Ketl ('Ketl' or the 'Service'). You can access Ketl through a website located at https://ketl.io or https://app.ketl.io (the 'Website'; other domain extensions are avilable, such .ch). In these Terms, 'we', 'us', 'our' and other similar references mean Ketl Ltd, Geneva, Switzerland, which owns the service, and 'you' and 'your' and other similar references mean any particular user of the Service. These Terms apply (i) immediately to users who utilize the Service on or after the Effective Date and (ii) on the Effective Date to users who utilize the Service before the Effective Date. THIS TERMS OF SERVICE AGREEMENT ('AGREEMENT') SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES. THIS AGREEMENT IS ACCEPTED BY YOUR ACCESSING AND/OR USE OF THE SERVICES INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE THROUGH HYPERLINKS BELOW. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE. ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM Ketl ARE OFFERED CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES AND NOTICES STATED HERE. YOU MAY NOT ACCESS AND/OR USE THE SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE UNDER THE AGE OF 18 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SERVICES. PLEASE REVIEW KETL'S PRIVACY POLICY. THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED INTO AND CONSIDERED A PART OF, THIS AGREEMENT. Please read these Terms of Service carefully before accessing or using our Website, our App and/or the Services. By accessing or using any part of our site, the Client agrees to be bound by these Terms of Service. If the Client does not agree to all the terms and conditions of this agreement, then they may not access the Website, or use any of the Services. Users with questions about these Terms may contact us at support@ketl.io.

2. Modifications

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to the Client or to any third-party for any modification, price change, suspension or discontinuance of the Service.

3. Intellectual Property: Yours and Ours

Yours: By using our Service, you provide us with access to documents, files, information and other materials that you submit on Ketl (together, 'Content'). You retain full ownership of your content. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your content or intellectual property except for the limited rights that are needed solely to provide the Service including hosting your files, accounting information, thumbnails, previews, sharing links to your project at your direction, backup data to keep it safe. You give us the permissions we need to do those actions solely to provide the Service. This permission also extends to trusted third parties we work with to provide the Service (including, without limitation data storage, payment processing). How we collect and use your private information generally is also explained in our Privacy Policy. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, projects, user posts, or any other information you may be able to access using the Service. Files and other content in the Service may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You will be fully responsible and liable for adding users to your project, for what you copy, share, upload, download or otherwise use while using the Service. You must not upload spyware or any other malicious software to the Service. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Ours: These terms do not grant you any right, title, or interest in the Service, the Software (except as may otherwise be provided in Section 7 of these Terms), or the content in the Service. You acknowledge that Ketl Ltd owns all right, title and interest in and to the Service, the Software, the content in/of the Service and other technology we use to provide the Service (except any software under open source license), including without limitation all intellectual property rights, and such rights are protected by copyright, under the laws of Switzerland. These Terms do not grant you any rights to use Ketl Ltd and/or Ketl Ltd trademarks, logos, domain names, or other brand features. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

4. Sharing

The Service provides features that allow you to share your content with other users of Ketl. The Service also provides features that allow you to share information about your content with third parties. Please consider carefully what and with whom you choose to share. Ketl Ltd has no responsibility for that activity.

5. Communications From Us

Ketl Ltd reserves the right to send you e-mail relating to your account and to the Service. You cannot opt-out of receiving such e-mails, and you agree to receive them. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us without any obligation to you.

6. Account Security

You must be a registered user to access the Service. You will be solely responsible and liable for any activity that occurs under your username, for the content of your files, projects, and folders, and for your communications with others while using the Service, whether you authorized that activity or not. You are responsible for keeping your password secure and you agree not to disclose your password to any third party. You should immediately notify Ketl Ltd of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Ketl, it is your responsibility to use a secure encrypted connection to communicate with the Service. If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

7. Responsibilities

You are responsible for maintaining and protecting all of your content. Ketl Ltd will not be liable for any loss or corruption of your content, or for any costs or expenses associated with backing up or restoring any of your content. The Software and the Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules, and regulations and must not infringe or violate third party rights. You must be 18 years or older to sign up for an account and use our Services. Outside of the European Economic Area ('EEA'), minors between the age of 13 and 18 years are only permitted to use our Services through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. Children under 16 residing in the EEA are not permitted to access the Site or use the Services. You are responsible for any and all account activity conducted by a minor on your account. Any unauthorized use of Ketl Ltd is a violation of these Terms and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

8. Third-Party Links

The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, 'Third-Party Links'). Such Third-Party Links are not under the control of Company, and Company is not responsible for any Third-Party Links. The Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links . Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

9. Release

You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links ).

10. Software and Updates

Use of our Service requires you to download on your device a client software application ('Software'). Ketl Ltd hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Service may update the Software on your device automatically when a new version is available.

11. Subscriptions and Fees

The payment is done only through credit card transaction. All Charges, as applicable, shall be facilitated through Stripe, our third-party payment processing service. In order for you to use Stripe’s payment processing services, you must enter into the Services Agreement (SA) with Stripe and its sponsoring bank. The SA is available at https://stripe.com/us/legal/. By accepting this Agreement, you agree that you have reviewed and agree to be bound by the terms and conditions of the SA. Please note that we are not a party to the SA and that you, Stripe and Stripe’s sponsoring bank are the three parties to the SA and that Ketl has no obligations or liability to you under the SA. Subscriptions will automatically renew after next payment until explicitly canceled by the user. Cancellation of a Paid Subscription may be issued by downgrading to the Free Subscription. After the billing agency informs us about your payment our invoice in PDF format will be automatically transmitted to you by e-mail. Ketl Ltd will not, under any circumstances, issue cash refunds for early contract cancellation or unused service. If you have a question about charges made to your account, please contact us immediately.

12. Storage and Security

We use commercially reasonable security measures to protect against the loss, misuse and alteration of your private information and content under our control. All data is encrypted and transmitted via an SSL connection. Additional measures can be taken when sharing your work, such as password-protecting share links. As of the Effective Date, we use Exoscale storage service. The servers we use are located specifically in Geneva, Switzerland. Our website and emails are hosted with Infomaniak in Geneva, Switzerland. Notwithstanding such measures, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee the security of any information transmitted to or from the Service.

13. No Warranties or Representations

You understand and agree that THE SERVICE AND SOFTWARE ARE PROVIDED 'AS IS', AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Ketl Ltd will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service or Software. You will be solely responsible for any damage to You resulting from the use of the Service or Software. The entire risk arising out of use, security or performance of the Service remains with You.

14. Limitation of Liability

IN NO EVENT Ketl Ltd, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS WILL BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Ketl Ltd HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO KETL LTD FOR THE PAST THREE MONTHS.

15. Termination of Service

We may modify or terminate our Service at any time, for any reason, without explanations and notice. In accordance with the above, we reserve the right to suspend or terminate your account at any time. In any case, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, violating these Terms, a court order, or danger to other users) where we may suspend immediately.

16. Indemnification

You agree to indemnify and hold Ketl, its parents, subsidiaries, affiliates, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, and any related companies, its suppliers, licensors and partners, and the affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services, or (ii) your violation of this Agreement. Ketl reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Ketl. Ketl will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

17. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Governing Law and Arbitration

We are controlled and operated from our offices in Geneva, Switzerland. We make no representation that the Services are appropriate or available for use in any particular location. This Agreement is governed by and will be construed exclusively under the laws of Switzerland, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally and exlusivly settled in Geneva, Switzerland, in French, before the ordinary judicial Courts of Geneva.

19. Entire Agreement

This Agreement, which includes this document, our Privacy Policy and any other rules posted on the Website, constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Supplier’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

20. Copyright/Trademark Information

21. Conditions

Ketl Ltd reserves the right to change these Terms. Such changes may be announced to you either by email and by the posting of the revised policy on the Website. By continuing to use the Service after those changes become effective, you agree to be bound by the revised Terms. If any provision is found invalid or unenforceable, the remaining provisions of the Terms or Privacy Policy will remain in full effect. Any such invalid or enforceable provision will be replaced by an appropriate provision reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Ketl Ltd may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service. Ketl Ltd and You are not legal partners or agents; instead, our relationship is that of independent contractors. These Terms, the Privacy Policy and the use of the Service and the Software will be governed by Swiss Law except for its conflicts of law principles. Users with questions about these Terms may contact us at support@ketl.io.

Terms of Service