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Terms of Use

Welcome to KYNOU! Our goal is to revolutionized the way we learn.

Every time you access our website, the tutorials provided by our site or any content related to KYNOU, through the use of a PC, Mac, Desktop computer, mobile phone, smartphone, tablet or any other device with access to our website, as a guest or registered user, you’re agreeing to our terms. Please take some time to read the terms of use below.

 

INTRODUCTION

These Terms of Use, which may be changed from time to time, together with any documents, policies, or terms they expressly incorporate by reference (as a group known as “Terms of Use”) are defined between KYNOU and you. For purposes hereof, “you” includes, individually and collectively, you and any individual, entity, Subscriber, Customer, or Affiliate of yours that is accessing, viewing, utilizing or visiting our website. To the extent that you have entered into a written and completed executed enterprise license agreement, master services agreement, or other written agreement with KYNOU containing terms that directly contradict with any terms of these Terms of Use, then the contradicted terms set forth in such other agreement will control.

 

You acknowledge and agree that by accessing, viewing, utilizing or visiting our website, (ii)clicking “Agree”, “Purchase”, “Submit”, or equivalent links, or (iii) signing a sales order or other agreement incorporating these terms of use, that you have read, understand, and agree to be bound by these terms of use, irrespective of whether you are a guest or a registered user of the website. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR UTILIZE THE WEBSITE. KYNOU’S ALLOWANCE OF YOUR USE AND ACCESS TO THE WEBSITE IS EXPRESSLY DEPENDED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.

 

ADDITIONAL TERMS

Any personal information submitted in association with your utilization of the website is subject to our privacy policy located at www.kynou.com/home/privacypolicy (the “Privacy Policy”), which is hereby integrated by this reference. We will utilize data regarding you that we obtain either directly from you or that we obtain by nature of your utilization of the website in accordance with our Privacy Policy solely in furtherance of providing you, or improving your experience with our website, tutorials and features, or any service that may be available on or through the website from time to time.

 

SITE ACCESS AND ACCOUNT REGISTRATION

To access the website you may be inquired to supply certain registration details and other information. This information will support us in providing you content, customer service, and network management, and as such, it is a condition of your utilization of the website that all the information you provide is correct, current and complete. You agree that all information you supply to register with the website or otherwise, including through the use of any interactive feature on the website, is governed by our Privacy Policy, and you agree to all actions we take with respect to your information consistent with our Privacy Policy.

 

You represent and warrant that:

·         You are (i) 18 years of age or older or an emancipated minor, and (ii) are fully able and competent to form and binding contract with KYNOU by enter into these Terms of Use.

·         You are entirely and solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and utilization of the website, including without limitation maintain all internet, browser software and extensions, computer hardware, telephone, and other equipment necessary to access; and

·         You will leave from your user account each time the session ends or you decide to stop using the website.

 

Regarding your username, password, any other piece of information you supply to us as involved in the security procedures (collectively, “Account Information”), you agree to treat such Account Information as confidential, and you must not disclose it to any other individual or entity. You also acknowledge that your Account information is personal to you, and you agree NOT to provide any other person with access to the website or portions of it utilizing your Account Information. You concur with inform us immediately of any unauthorized access to or utilization of your Account Information or any other breach of security that you become aware of. You must have special caution when accessing your account from a public or shared computer so that others are not capable to access or record your Account Information or other personal information.

 

KYNOU SUBSCRIPTION PLANS

The scope and price of your access to the website is defined by the plan or account type you choose while you are creating and registering an account, through an order process, renewal process, or via the modifications you may make to your subscription plan through your KYNOU account information page, and with regard as to whether you complete such registration, order, renewal, or change through the website’s checkout functionalities, through a Free Trial, Pilot Program or Company Partnership, by execution of a Sales Order, or with the assistance of KYNOU’s sales or support team. Regardless of the subscription plan or account type you choose during the registration or checkout, your utilization and permission to access the website is condition upon timely payment of the Applicable License Fee. We reserve the right to increase or decrease the application License Fee for subsequent subscription periods (including each renewal term); provided that we notify you of any such change.

 

Your payment transactions may be subject to foreign exchange fees or differences in prices, including because of exchange rates. We do not support all payment methods, currencies, or locations for payment. If your Payment Method fails or your account is past due, we may collect fees owed utilizing other mechanism of collection – this may include charging other payment methods on file with us or retaining collection agencies and legal counsel, the fees and cost of which you hereby agree to pay. Your obligation to pay fees continues through the end of your applicable subscription period regardless of whether you cancel your subscription during such period.

 

Refunds: All or any portion of the subscription fee, whether paid monthly or annually, is non-refundable.

 

FREE TRIAL / PILOT SUBSCRIPTION

Your account may begin with a free trial or a pilot program. The length of your Free Trial or Pilot will be set out during the registration process through an email that will be sent to you; however, we reserve the right, in our absolute discretion, to determine your eligibility for a Free Trial or Pilot, and to withdraw or to modify your Free Trial or Pilot at any time without prior notice and with no liability. As a Free Trial or Pilot user, you acknowledge and agree that your use and access of the website is subject to the Terms of Use, other than the requisite payment of a License Fee.

(a)   Free Trial: At the end of your Free Trial, we will automatically charge you for the subscription plan associated with your Free Trial on the first day following the end of the Free Trial period, and continuing automatically on the billing frequency determined through Checkout. By providing your payment information during the Free Trial registration process, you agree to the charges involved. If you do not want to be charged, you must cancel your Free trial before the end of your Free Trial.

(b)   Pilot: At the end of your Pilot, you may convert your account to a subscription with payment or simply cancel the account.

 

THIRD-PARTY MARKS

Other trademarks, service marks, and logos used throughout the website are the trademarks, service marks, or logos of their respective owners.

 

FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvement to the website. You acknowledge and agree that any and all feedback provided will be the sole and exclusive property of KYNOU, and you hereby irrevocably assign to KYNOU and agree to irrevocably assign to KYNOU all right, title and copyrights, trade secret rights, and other proprietary or intellectual property rights therein.

 

ENFORCEMENT

We have the right to:

(i)                   Remove or refuse to post any user content or feedback for any or no reason in our sole discretion;

(ii)                  Take any action with respect to any user content or feedback that we deem necessary or appropriate in our sole discretion, including if we believe that such user content or feedback violates the terms of use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or public or could create liability for KYNOU;

(iii)                Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, their intellectual property rights or their right to privacy;

(iv)                Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website; and

(v)                  Terminate or suspend your access to all or part of the website for any violation of these terms of use; and

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting us to disclose the identity or other information of anyone posting any materials on or through the website.

 

RESTRICTED USE OF SITE

We may cancel, interrupt, revoke, deny or disable your ability to access and utilize the website if we find that you have violated any provisions of these terms of use. We reserve the right to monitor use of the website and reserve the right to revoke or deny access to users whose usage behavior exceeds normal limits. The term “normal limits” will be determined solely by KYNOU.

 

GEOGRAPHIC LIMITATIONS

All content and services provided by KYNOU and its website are subject to the United State Export Controls. Nothing provided by the KYNOU website may be downloaded or exported (i) into (or to a resident of) Cube, Libya, North Korea, Iran, Syria, or any other locality or country subject to an applicable embargo or any trade restriction by any government agency, or (ii) by or to any person or entity on the United States Treasury Department’s Consolidated Screening List. By downloading or utilizing material or any content provided by KYNOU, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Although the KYNOU website can be accessed from anywhere in the world, we make no representation that contents on the website are appropriate or available for use in places outside the United States, and trying to utilize them from territories where their materials or contents are illegal, is prohibited. Anyone and everyone that decides to choose to access the KYNOU’s website, or any service provided by KYNOU, from other locations do so at their own initiative and are responsible for compliance with local laws. Offers of any material, product, service and/or information made in connection with the KYNOU’s website is void where prohibited.

 

REPRESENTATION, WARRANTIES, AND COVENANTS

Authority: You and KYNOU each represent, warrant and covenant that it has the full power and authority to: (i) accept and agree to these Terms of Use; (ii) execute its obligations hereunder, and that its execution hereunder does not contradict to any of the terms or be contrary to any other agreement; (iii) and by doing does not violate any applicable laws or any contractual relationship.

 

KYNOU Intellectual Property: We represent, warrant, and covenants that: (i) we hold and will always have all rights, titles, licenses, intellectual property, permissions and approvals required or necessary in connection with our performance under these Terms of Use and to grant you the License and rights granted hereunder; and (ii) neither the website (including all its content and materials), nor the provision or use therefore as contemplated under these Terms of Use, will infringe, violate, trespass or in any shape or form contravene or breach or constitute a use without authorization or misappropriation of any intellectual property of any third party.

 

Reliance and Functionality: KYNOU does not warrant the materials, tutorials or any content of the website will meet your requirements or that the operation and accessibility of the website will be uninterrupted or error free. The information offered and available on or through the website is made available solely for general information purposes. We do not warrant accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We remove from ourselves all liability and responsibility arising from any reliance placed on contents by you or any other visitor to the website, or by anyone who may be informed of any of its materials. We are not responsible, or liable to you or any third party, for the material or accuracy of any materials provided by any third parties.

 

Availability of the KYNOU’s website: You acknowledge that the navigation of the data through the Internet is subject to delays, interruptions, data or any content being downloaded from the website may be delayed or disconnected, and accordingly, you agree not to hold us liable for delays or interruptions. You also recognize and acknowledge and accept that the website may not be available on a continual twenty-four hour basis due to such delays, delays caused by the our upgrading, modification, or standard maintenance of the website, or any other delays outside of our control.

 

External Links: If you encounter links on the KYNOU’s website or on any step of any tutorial, these links and resources are offered for your convenience only. This includes links contained in advertisements, sponsor links, banners and any other type of external link. We have no control over the contents, materials, software, or privacy practices of those external sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the external links, you do so solely at your own risk and subject to the terms and conditions of use for such websites and resources.

 

TERMINATION; CANCELLATION

KYNOU’s Rights of Termination: You agree that we, in our own discretion, may disconnect or disable your account or finish your ability to access or utilize the website and its materials if we believe that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized user content; or (d) violated or acted inconsistently with these Terms of Use, our Privacy Policy, or any other applicable code of conduct. You agree that any disconnection or termination of your ability to access and utilize the website for the foregoing reasons may be effected without prior notice to you and that KYNOU will not be liable to you nor any third party for any termination of your Account Information or subscription plan (including, but not limited to: Free or Pilot account types).

 

Individual Plan Cancellation: A person or user may terminate his or her account at any time by using his or her account settings on the website. If you are not satisfied with your account, your right and remedy is to cancel your account. We will not provide refunds on any fees or charges related to your account – this includes any partially used or unused periods for which you have already paid. Your obligation to pay fees continues through the end of the subscription period during which you cancel your account.

 

NO WARRANTY; LIMITATIONS OR LIABILITY

(a)   No Warranty. THE WEBSITE IS OFFERED ON AN “ASI IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY TYPE, WHETHER EXPRESSED OR IMPLIED. NEITHER KYNOU NOR ANY PERSON OR ENTITY IN ASSOCIATION WITH KYNOU MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KYNOU NOR ANY PERSON OR ENTITY IN ASSOCIATION WITH KYNOU PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR MATERIAL OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. KYNOU HEREBY DISCLAIMS ALL WARRANTIES OF ANY TYPE OR KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

(b)   Limitation on Liability. IN NO CIRCUMSTANCES OR SITUATION WILL KYNOU, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU, ANY OF YOUR AFFILIATES OR SUBSCRIBERS, OR ANY THIRD PARTY WITH RESPECT TO THE WEBSITE OR THE SUBJECT MATTER OF THESE TERMS OF USE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE, FOR: (i) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE AMOUNT YOU HAVE PAID TO KYNOU FOR THE SUBSCRIPTION IMMEDIATELY PRIOR TO LIABILITY ARISING; (ii) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL; (iii) LOSS OF INFORMATION OR PROCUREMENT COST OF SUBSTITUTE GOODS OR SERVICES; (iv) FOR ANY MATTER BEYOND OUR CONTROL; OR (v) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDER BUSINESSES OR INDEPENDENT CONTRACTORS PROVIDING SERVICES ON BEHALF OF KYNOU.

 

CHANGES OR ALTERATION TO TERMS OF USE OR THE WEBSITE

We hold the right to modify or alter these Terms of Use, our Privacy Policy in our discretion at any time. The modifications will be effective immediately as soon as they are posted to the website and apply to all access, use, and viewing of the website thereafter. You agree to review the website periodically to be aware of any modifications. By simply continuing to access and utilize the website will be deemed your conclusive acceptance of all changes.

 

KYNOU reserves the right to be able to modify or remove any material, tutorial or content of the website, or limit the access of any portion of the website without notice or liability. 

 

GENERAL

Non-Waiver: If KYNOU does not enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right.

 

Severability: If any provision of these Terms of Use is considered illegal, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not impact the validity and enforceability of any other provisions of these Terms of Use.

 

Assignment: We reserve the right to transfer or assign any portion of our rights or delegate our obligations under these Terms of Use. You may not assign or transfer your rights, obligations, or duties under these Terms of Use, in whole or in part, without our prior written consent, in our sole discretion.

[END OF TERMS OF USE]