Kairos Digital Solutions Customer Agreement Terms and Conditions
1. Advertising; Internet Services; Mobile Application Services; Terms and Conditions:
Customer and Kairos Digital Solutions agree that Kairos Digital Solutions will provide the Internet Services and/or provide the Mobile Application Services, in accordance with the terms and conditions of this agreement. These terms and conditions and all applicable additional terms and conditions, order forms and other separate contracts agreed to by you to buy Kairos Digital Solutions products and services shall together be referred to as this "agreement." The term "Internet Services" means the internet advertising and/or website design services set forth in this agreement or in a separate agreement between Kairos Digital Solutions and Customer. The term "Mobile Application" means the mobile application services set forth in this agreement. Additional terms and conditions governing Internet Services, and Mobile Application services are set forth below and are available at www.kairosdigitalsolutions.com. The additional terms and conditions applicable to Customer are hereby incorporated into, and are a part of, this agreement.
2. No Obligation to Publish:
Kairos Digital Solutions reserves the right to reject this agreement, and/or any copy that it deems, in its sole discretion, to be objectionable. Kairos Digital Solutions may reject this agreement at any time within twenty (20) business days after delivery of this agreement by Customer to Kairos Digital Solutions. Kairos Digital Solutions may reject any copy within twenty (20) business days after such copy is submitted by Customer to Kairos Digital Solutions.
Signer authorizes Kairos Digital Solutions to check credit history of signer and Customer with bank and trade references and business and/or consumer credit reporting agencies and further authorizes any such credit reporting agency to provide credit information about signer and/or Customer to Kairos Digital Solutions. Signer and Customer agree that Kairos Digital Solutions may share signer's and/or Customer's payment record with credit reporting agencies. Kairos Digital Solutions has the right to establish credit limits and terms, require deposits, advance payments (e.g., 50% in advance, full payment in advance) or to cancel this agreement if Customer's or signer's, as the case may be, credit history proves to be unsatisfactory, in Kairos Digital Solutions' sole, but commercially reasonable, discretion.
4. Duration of Agreement; AUTOMATIC RENEWAL;
A. With respect to Mobile Application, and/or Internet Services, the initial term of this agreement is for 12 months. Thereafter, this agreement will continue in effect with respect to the Internet Services until Kairos Digital Solutions or Customer cancels. Any cancellation by Customer under this paragraph 4.A shall be made in accordance with paragraph 9. B. (iii) WHERE CUSTOMER HAS PURCHASED MOBILE APPLICATION, AND/OR INTERNET SERVICES AS PART OF A BUNDLE WITH OTHER PRODUCTS, THE AUTOMATIC RENEWAL OF CUSTOMER'S MOBILE APPLICATION, AND/OR INTERNET SERVICES WILL INCLUDE AUTOMATIC RENEWAL OF THE OTHER PRODUCTS INCLUDED IN THE BUNDLE; AND (iv) THE COST FOR THE BUNDLE WILL BE THE THEN-CURRENT PRICE ESTABLISHED BY KAIROS DIGITAL SOLUTIONS FOR SUCH ADVERTISING AND WILL BE INDICATED IN THE NOTICE OF AUTOMATIC RENEWAL SENT TO CUSTOMER. IN THE EVENT THAT CUSTOMER CANCELS THE AUTOMATIC RENEWAL OF INTERNET SERVICES, AND/OR MOBILE APPLICATIONS SERVICES AND CUSTOMER WISHES TO AGAIN ADVERTISE, A NEW AGREEMENT BETWEEN CUSTOMER AND KAIROS DIGITAL SOLUTIONS FOR INTERNET SERVICES AND/OR MOBILE APPLICATION SERVICES WILL BE REQUIRED.
5. Account Setup
The change or disconnection of a phone number in an advertisement, or termination of Internet Services by Customer, will not release Customer from its obligations under this agreement
6. Disconnection of Customer's Phone Number or Termination of Internet Services:
The change or disconnection of a phone number in an advertisement, or termination of Internet Services by Customer, will not release Customer from its obligations under this agreement.
7. Payment (Mobile Application Services and Internet Services):
Customer agrees to pay the amounts listed on the reverse side of this agreement for advertising with Mobile Application Services and/or Internet Services. B. For Internet Services and Mobile Application, Kairos Digital Solutions may require full payment in advance or at its discretion may bill Customer monthly or annually, as indicated on the reverse side of this agreement. C. If Kairos Digital Solutions does not receive the full amount invoiced by the due date on the bill, Kairos Digital Solutions may assess a late charge not to exceed 1.5% per month of the overdue amount. If Customer fails to pay any bill, whether for Mobile Application Services or Internet Services, within thirty (30) days of the due date, or such shorter period as is provided. in the terms and conditions, Kairos Digital Solutions will have the following rights: 1. Kairos Digital Solutions may require full and immediate payment of all amounts due under this agreement. 2. Kairos Digital Solutions may cancel publication of Customer's unpublished Mobile Application Services and/or Internet Services, and 3. Kairos Digital Solutions may suspend or cancel the Internet Services and/or mobile Application Services. D. Any deposit may be applied to the last payment coming due under this agreement and/or to delinquent balances. E. Accounts with a monthly charge of $35.00 per month or less will be required to the pay the full annual amount upon receipt of the first invoice. F. All payments will be applied first to the oldest balances outstanding.
8. Copy, Proofs and Revisions:
Customer must furnish all copy for Mobile Application and/or Internet Services prior to the reasonable deadlines set by Kairos Digital Solutions. If Customer fails to do so, Kairos Digital Solutions may create and publish such copy. Kairos Digital Solutions reserves the right to exercise prerogative concerning details relating to typeface and style, and minor adjustments in layout. Kairos Digital Solutions will endeavor to furnish proofs of new and revised display of Mobile Application and/or Website design, but failure to do so will not relieve Customer of its obligations under this agreement. No specific color is guaranteed. Kairos Digital Solutions reserves the right to modify camera ready or "spec art" if it does not meet Kairos Digital Solutions' requirements. B. It is Customer's responsibility to notify Kairos Digital Solutions, in writing, of any and all name, address or telephone number changes prior to the applicable deadline, If Customer fails to do so, Customer will remain obligated to make payments for its advertisement, regardless of whether Kairos Digital Solutions was able to make the necessary changes. C. Kairos Digital Solutions may change the form, appearance, size and content of any of the Mobile Application features or of its internet site at any time without notice to Customer. D. CUSTOMER AGREES THAT KAIROS DIGITAL SOLUTIONS, ITS EMPLOYEES, AFFILIATES AND AGENTS SHALL NOT BE LIABLE FOR ERRORS OR OMISSIONS IN EXCESS OF THE AMOUNT PAID FOR THE ITEM(S) AND SHALL NOT BE LIABLE FOR LOST PROFITS, DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES ARISING OUT OF SUCH AN OMISSION OR ERROR. NO ADJUSTMENT WILL BE GIVEN FOR DELAY OF PUBLICATION OR FOR CHANGES IN THE ANTICIPATED NUMBER OF MOBILE APPLICATION SERVICES TO BE PUBLISHED OR DISTRIBUTED. KAIROS DIGITAL SOLUTIONS'S LIABILITY FOR ERRORS IN LISTINGS SHALL BE LIMITED TO THE PRICE OF THE LISTING IN QUESTION, AND THERE WILL BE NO ADJUSTMENT WITH RESPECT TO FREE LISTINGS OR FREE ADVERTISEMENTS. IT IS THE CUSTOMER'S RESPONSIBILITY TO NOTIFY KAIROS DIGITAL SOLUTIONS OF ERRORS OR OMISSIONS IMMEDIATELY WITH RESPECT TO CUSTOMER'S INTERNET SERVICES AND/OR MOBILE APPS. KAIROS DIGITAL SOLUTIONS WILL ENDEAVOR TO CORRECT ANY SUCH ERROR OR OMISSION PROMPTLY. CUSTOMER WILL NOT BE ENTITLED TO ANY ADJUSTMENT OR CREDIT DUE TO ERRORS OR OMISSIONS IN CUSTOMER'S INTERNET SERVICES AND/OR MOBILE APPS. KAIROS DIGITAL SOLUTIONS'S SOLE OBLIGATION BEING TO CORRECT ANY SUCH ERROR OR OMISSION. IN NO EVENT WILL KAIROS DIGITAL SOLUTIONS, ITS EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO CUSTOMER FOR ANY OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, ALLEGED LOSS OF BUSINESS, REVENUES OR PROFITS OR THE COST OF OTHER FORMS OF ADVERTISING. CUSTOMER UNDERSTANDS THAT THIS LIMITATION OF LIABILITY WILL APPLY TO ANY CLAIM AGAINST KAIROS DIGITAL SOLUTIONS, ITS EMPLOYEES, AFFILIATES AND AGENTS, INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON BREACH OF CONTRACT, TORT (SUCH AS NEGLIGENCE) OR STRICT LIABILITY OR STATUTE.
9. Cancellation/Notices to Kairos Digital Solutions:
Customer may cancel this Agreement, upon written notice to Kairos Digital Solutions given prior to the fourth (4th) day after Customer signs this Agreement (prior to the fourth (4th) day after Customer's voice verification of this Agreement if this Agreement was made by way of telephone sale). Customer shall give any written notice to Kairos Digital Solutions required by this Agreement by certified mail, return receipt requested, reputable overnight courier, or hand delivery, and notices will be deemed to have been given, one (1) day after date of mailing or date of deposit with a reputable overnight courier, or on the day of delivery if delivered by hand. Any such notice shall be addressed to Customer Service, Attn: Cancellations, Kairos Digital Solutions at P.O. Box 15460, Humble, TX, 77347.Customer acknowledges that Kairos Digital Solutions shall retain any deposit or fees, which will be applied to any future Mobile Application services and/or Internet Services purchased by Customer within one (1) years from the date of this Agreement. At the end of such one-year period, Customer will forfeit the deposit or fee including any right to apply the deposit or fee to future Mobile Application services or Internet Services.
10. Force Majeure:
Kairos Digital Solutions shall not be liable to Customer for any failure of the Internet Services resulting from events beyond Kairos Digital Solutions control, including fire, accident, acts of God, strike, power or telephone failure or the inability to obtain access to any website included in the Internet Services.
11. Right to Use Trademarks and Photographs; Permits and Licenses; No Endorsement; Indemnification:
Customer represents and warrants that it has the right to use any trademark, trade name, or copyrighted material included in any copy submitted to Kairos Digital Solutions. Customer also represents and warrants that it has the right to use any artwork, portrait, picture or illustration of a person shown in any copy submitted to Kairos Digital Solutions. Customer will notify Kairos Digital Solutions, in writing, if Customer should cease to have any such right. Customer assumes sole responsibility for the protection of its intellectual property rights in any writing, pictorial illustration, design, map, photograph, or combination thereof, included in its mobile application or the Internet Services. B. Customer represents and warrants that it holds all necessary permits and licenses to provide the products and services identified in its Mobile Application or in the Internet Services listed on this agreement. Customer agrees that it is responsible for ensuring that its Mobile Application and Internet Services comply with any laws or regulations that may be applicable to its business. Customer understands and agrees that Kairos Digital Solutions does not approve or endorse any of Customer's products or services, whether or not identified in Customer's Mobile Application or in the Internet Services. C. Customer agrees to indemnify Kairos Digital Solutions (and its employees, affiliates and agents) against, and hold Kairos Digital Solutions (and its employees, affiliates and agents) harmless from, all liability, claims demands, suits or causes of action, whether or not partially attributable to the negligence of Kairos Digital Solutions, and will pay all expenses, including reasonable attorney fees, settlements, and/or judgments, incurred by Kairos Digital Solutions in the defense thereof, arising out of Customer's breach or alleged breach of the foregoing representations and warranties.
12. Successors and Assigns; Entire Agreement:
Customer acknowledges having entered into this agreement without relying upon any promises, statements, estimates, representations, warranties, conditions or other inducements, expressed, implied, oral or written, not specifically set forth herein. This agreement contains the entire understanding between the parties and shall bind the parties and their respective successors and assigns. Customer may not assign its rights hereunder without the prior written consent of Kairos Digital Solutions, and no such assignment shall relieve Customer of its liability hereunder.
13. Collection Expense:
In the event Kairos Digital Solutions refers Customer's account to a collection agency or attorney due to a non-payment, Customer will be liable for all of Kairos Digital Solutions' reasonable costs and expenses incurred in connection with Customer's non-payment, including, without limitation, court costs and reasonable attorneys' fees up to 25% of the amount of the unpaid account balance (plus interest accrued thereon).
14. Sales Representative Not Authorized to Make Changes:
The sales representative of Kairos Digital Solutions has no authority to make any changes in this agreement or to commit Kairos Digital Solutions in any manner whatsoever in contradiction to the provisions expressly set forth in this agreement.
The individual signing this agreement on behalf of Customer represents and warrants that he or she is authorized to sign as an owner, officer, partner, or employee of Customer and that he or she is empowered to bind Customer to the term and conditions contained herein. B. This agreement shall be governed by, and interpreted in accordance with, the laws of the state in which Customer maintains its principal place of business. C. Rates include Sales Tax where applicable. D. If any provision of this agreement is held to be unenforceable, such holding shall in no way invalidate any other provision hereof, and this agreement shall remain in full force and effect. E. This agreement may be executed and delivered in any number of counterparts, and all such counterparts shall constitute the same instrument. Customer understands and agrees that an authentic copy or electronic reproduction of this agreement shall have same force and effect as an original counterpart. F. This agreement supersedes any other verbal or written agreement between Customer and Kairos Digital Solutions. This agreement may not be changed except by a writing signed by an authorized signatory of Customer and Kairos Digital Solutions. G. IN ANY LEGAL PROCEEDINGS RELATING TO THIS AGREEMENT, KAIROS DIGITAL SOLUTIONS AND CUSTOMER HEREBY AGREE TO WAIVE ANY RIGHTS THEY MAY HAVE TO PARTICIPATE IN ANY CLASS, GROUP OR REPRESENTATIVE PROCEEDING, AND KAIROS DIGITAL SOLUTIONS AND CUSTOMER HEREBY AGREE TO WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY.
16. Authority; Persons Obligated; Signer Obligated:
The signer agrees that he/she has the authority and is signing this agreement (1) in his/her individual capacity, (2) as a representative of the Customer, and (3) as a representative of the entity identified in the advertisement or for whose benefit the advertisement is being purchased (if the entity identified in the advertisement is not the same as the Customer or the signer). By his/her execution of this agreement, the signer personally and individually undertakes and assumes, jointly and severally with the Customer, the full performance of this agreement, including payment of amounts due hereunder. By his/her execution of this agreement, the signer personally and individually undertakes and assumes, jointly and severally with the Customer, the full performance of this agreement, including payment of amounts due hereunder, and including amounts due upon or by reason of automatic renewal. Signer hereby waives the right to separate notice and agrees that any notice to Customer constitutes notice to signer.
MOBILE APPLICATION, WEBSITE DEVELOPMENT AND DOMAIN NAMES/URLs - ADDITIONAL TERMS AND CONDITIONS
These Mobile Application, Website Development and Domain Name/URL Additional Terms and Conditions are incorporated into and form a part of the agreement between Customer and Kairos Digital Solutions applicable to the Mobile Application, Website Development, Maintenance and Domain Name/URL Services ("Services") to be provided by Kairos Digital Solutions to Customer. In the event of any conflict between these Additional Terms and Conditions and the Terms and Conditions set forth in the agreement between Customer and Kairos Digital Solutions, these Additional Terms and Conditions shall be controlling.
Kairos Digital Solutions will develop, design and build a mobile application and/or a custom website ("Website") for Customer. Kairos Digital Solutions will maintain the mobile application and/or website for the duration of the term of the Agreement between Customer and Kairos Digital Solutions. Customer must provide customer’s legal full name, a valid email address, and any other information requested in order to complete the signup process. Kairos Digital Solutions will also purchase a domain name/URL on behalf of Customer at Customers request and expense.
3. Domain Names/URLs
Once a domain name/URL is acquired by Kairos Digital Solutions for Customer it may not be changed or exchanged and Customer will not receive a refund for any domain name/URL Customer decides not to use. The domain name/URL remains the property of Kairos Digital Solutions for the entire term of the agreement between Customer and Kairos Digital Solutions. At expiration of the term of the agreement and upon payment to Kairos Digital Solutions of all amounts then owing by Customer and any applicable costs of transferring the domain name/URL from Kairos Digital Solutions to Customer, Kairos Digital Solutions will transfer the domain name/URL to Customer.
Kairos Digital Solutions reserves the right to amend these Additional Terms and Conditions and to establish and revise its standards, policies, practices, specifications, technical requirements and schedules with respect to the Services (collectively, the "Kairos Digital Solutions Policies"). Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms and Conditions. Customer agrees that a change in Kairos Digital Solutions Policies may be published or linked by or through Kairos Digital Solutions and shall not entitle Customer to any reduction in the amounts payable for the Services by Customer to Kairos Digital Solutions. Continued use of the Service after any such changes shall constitute customer’s consent to such changes. Customer can review the most current version of the Terms of Service at any time at: https://www.kairosdigitalsolutions.com/termsandconditions/.
5. Payment Terms
Customer agrees to pay for the Services as provided in the Agreement. Customer will pay an initial set-up fee and a monthly fee for Kairos Digital Solutions' maintenance of the Mobile Application and/or Website.
6. Mobile Applications and/or Website Content and Intellectual Property Rights
All tangible and intangible works of any kind (including, without limitation, text, graphics, images, illustrations, artwork, maps, photographs, fonts, visual and audio recordings, Mobile Applications, Website, software, codes, HTML and other content, in whatever form or media) designed, developed, created or procured by Kairos Digital Solutions in connection with the Services will be the sole and exclusive property of Kairos Digital Solutions, except for: (i) "Customer Content," which means all content that Customer provides to Kairos Digital Solutions, including, without limitation, listing information, any trade name, trademark, trade secret, service mark, copyright, patent or other intellectual property right, any URL or domain name and any required disclosure, explanation, rule, term or condition of use related to any Advertising and (ii) any content that Kairos Digital Solutions licenses from a third party content provider for use in connection with such Services, including, without limitation, graphics, text and photographs (collectively, "Third Party Content"). The use of any and all Third Party Content will be subject to all restrictions and obligations imposed by the third party provider of such content ("Third Party Restrictions").
7. Customer Content
Customer agrees that Customer will produce and deliver any and all Customer Content in accordance with all applicable specifications, schedules, guidelines, procedures, deadlines, format and technical requirements as Kairos Digital Solutions may establish from time to time (collectively, the "Kairos Digital Solutions Schedules"). Customer acknowledges that Customer's failure to comply with any Kairos Digital Solutions Schedule may cause the Services to be delayed or refused and Customer agrees that Kairos Digital Solutions will have no liability for any such delay or refusal. Customer is responsible for maintaining the security of customers account and password. Kairos Digital Solutions cannot and will not be liable for any loss or damage from Customer’s failure to comply with this security obligation. If Kairos Digital Solutions determines, in the exercise of its sole discretion, that Customer has violated Customer's obligation to comply with the Kairos Digital Solutions Schedules, then Kairos Digital Solutions may temporarily and/or permanently suspend its provision of, and Customer's access to and use of, any Services, in whole or in part, without prior notice.
8. Customer Responsibility
Customer assumes sole responsibility for (i) the protection of the trade names, trademarks, trade secrets, service marks, copyrights, patents and other intellectual property rights in any Customer Content appearing on Mobile Applications and/or on a Website; (ii) conducting any copyright and trademark searches and other similar activities which may be necessary in relation to any domain name contained in Customer Content (including those that Kairos Digital Solutions may register for Customer); and (iii) including appropriate copyright and trademark notices with Customer Content. Customer agrees to ensure the accuracy of all materials provided to Kairos Digital Solutions for incorporation on Mobile Application and/or Website including, without limitation, content, claims, warranties, nature of business and contact information for Customer. Customer further agrees that it is responsible for ensuring that the Mobile Application and/or Website conforms to all local, state and Federal laws.
9. Kairos Digital Solutions Rights
Customer agrees that Kairos Digital Solutions will have the continuing right, in the exercise of its sole discretion, to review, select from or among, revise or reject any Customer Content for any reason, including but not limited to unsatisfactory technical quality, inconsistency with any Kairos Digital Solutions Policies, or non-compliance with the agreement. Notwithstanding such right, Kairos Digital Solutions will have no liability whatsoever to Customer or any third party for any Customer Content included in any Advertising, Mobile Application and/or on a Website and Customer shall be solely and exclusively liable therefore. If Customer provides information that is untrue, inaccurate, incomplete, or Kairos Digital Solutions has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, Kairos Digital Solutions, at its sole discretion, may suspend or terminate the Services. Kairos Digital Solutions has the right to remove any content at its sole discretion. Customer bears all risk associated with the use of any content.
10. Disclaimer and Limitation of Liability
Kairos Digital Solutions makes no representation, warranty or guarantee, express or implied, concerning the Mobile Application and/or Website or the Services, except as set forth herein. Kairos Digital Solutions expressly disclaims all other warranties, express or implied, including without limitation any warranty of merchantability and fitness for a particular purpose. Kairos Digital Solutions will not be liable for any consequential, special, indirect, exemplary, punitive, or other damages whether in contract, tort or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. Kairos Digital Solutions’ aggregate liability to Customer is limited to amounts paid or payable to Kairos Digital Solutions by Customer for the Services giving rise to the claim. Remedies set forth in this section 9 shall be Customer's sole and exclusive remedies for any claims Customer may have under the Agreement.
Customer shall indemnify and defend Kairos Digital Solutions, its agents, affiliates, and licensors from all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees and expenses, and third party claim or liability (collectively, "Liabilities") arising out of Customer's use of the Services and Mobile Application and/or Website or Customer's breach of the agreement. Specifically, Customer agrees to defend, indemnify, and hold harmless Kairos Digital Solutions, its agents, affiliates, and licensors from, against, and in respect of: (i) any and all losses, damages or deficiencies resulting from any third party claim in connection with Customer's Mobile Application, Website or the URL and (ii) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including reasonable attorneys' fees and expenses.
Customer hereby grants to Kairos Digital Solutions a perpetual, royalty-free, sub-licensable, non-exclusive right and license to use, copy, record, modify, display, publish, perform, prepare derivate works based on and distribute (for Kairos Digital Solutions' sole benefit and in any form or media now known or hereafter developed, and in any and all languages) Customer Content: (i) in connection with the design, development, creation, display and publication of the Mobile Application and/or Website (or any derivative thereof); (ii) in connection with Kairos Digital Solutions' provision of Services; and (iii) in any Kairos Digital Solutions marketing or promotional materials. Without limiting the generality of the foregoing, Kairos Digital Solutions shall have the right (i) to sub-license to third parties any or all of the rights afforded to Kairos Digital Solutions in the preceding sentence and (ii) to license to third parties the right to use, copy, record, modify, display, publish, perform and distribute the Website (and any portions thereof) in any form or media now known or hereafter developed, subject to (a) any Third Party Restrictions governing any Third Party Content contained in the Advertising and (b) such other terms and conditions as Kairos Digital Solutions may deem appropriate. Kairos Digital Solutions and its third party sub-licensees may use any presently existing and future means of communication or transmission in the exercise of any of the rights and licenses granted above. Customer further grants Kairos Digital Solutions the right and license to make a reasonable number of archival or back-up copies of the Mobile Application and/or Website as deemed necessary at Kairos Digital Solutions' sole discretion. Kairos Digital Solutions is not responsible for returning Customer files, documents or other items provided by Customer.
13. Customer's Additional Representations and Warranties
Customer represents, warrants and covenants that Customer has the necessary rights to provide all information required under the agreement (including all content, data, data feeds, listings, titles, URLs, descriptions) for use as described in the agreement, and that all such information and all claims, statements, products and services contained or referenced therein: (a) do not violate any law, statute, ordinance, treaty or regulation or policy or guideline of Kairos Digital Solutions; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libelous, slanderous or threatening; and (f) will be free of viruses, worms, bots or other computer programming routines that may potentially damage, interfere with, intercept or expropriate any system data or personal information.
14. Privacy and Data Protection
15. Force Majeure
Kairos Digital Solutions shall not be liable for any default or delay in the performance of any of its obligations under this agreement if such default or delay is caused, directly or indirectly, by forces beyond Kairos Digital Solutions' reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, power outages, supply shortages or the failure of Customer or any third party to perform any commitment relating to the production or delivery of any equipment or material required for Kairos Digital Solutions to perform its obligations hereunder.
16. Availability of Services
Kairos Digital Solutions shall use commercially reasonable efforts to attempt to provide the Services, including access to Customer's Mobile Application and/or Website, in a manner that will not disrupt Customer's business. Customer acknowledges and agrees that from time to time the Mobile Application and/or Website may be inaccessible or inoperable for various reasons, including but not limited to (i) maintenance procedures or repairs performed by Kairos Digital Solutions; (ii) equipment failures; (iii) congestion of the network; or (iv) interruption of telecommunication or digital transmission link. Customer acknowledges and agrees that Kairos Digital Solutions is not liable for these periodic interruptions in Mobile Application and/or Website availability and further acknowledges that Kairos Digital Solutions does not guarantee Mobile Application and/or Website accessibility on a continuous and uninterrupted basis.
17. Suspension or Termination
Kairos Digital Solutions reserves the right to deny, terminate, or suspend Services without notice if, in Kairos Digital Solutions' sole discretion, the Services are used by Customer in a manner that violates or may violate any custom, use, practice, rule, law, statute or regulation, and Kairos Digital Solutions reserves the right to reject, alter, modify, or remove Customer's Mobile Application and/or Website, website domain name, URL address, or any website content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols, or logos) which Kairos Digital Solutions in its sole discretion deems to be (i) infringing on a propriety interest of a third party, including without limitation, any copyright, trademark, domain registration right, trade secret, or patent right, or (ii) stating or implying that Kairos Digital Solutions endorses the Customer's products or services, or (iii) illegal, pornographic or obscene. Kairos Digital Solutions may, in its sole and exclusive discretion, suspend or terminate Customer's Services and take down Customer's Mobile Application and/or Website without notice if Customer violates any provision of the agreement or these Additional Terms and Conditions.
18. Additional Kairos Digital Solutions Rights
Kairos Digital Solutions shall have the right to display Customer's Website in marketing and promotional materials and on Kairos Digital Solutions' website. By using the Kairosdigitalsolutions.com web site ("Service"), all services of Kairos Digital Solutions, Inc. ("Kairos Digital Solutions"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").