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Welcome to Kaz Inc. (“Company”, “we”, “our”, “us”, "Kaz")! As you have just clicked to our Terms of Service, please make a pause, grab a cup of coffee and carefully read the following pages.
These Terms of Service outlined below (“Terms”, “Terms of Service”) govern your use of our web pages located at https://explo.co/ or relevant subdomains (https://app.explo.co/) (together or individually “Service”) operated by Kaz.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@explo.co so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing support@explo.co.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order with at least 30 days notice for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company's net income.
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Kaz cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Kaz customer support team. We will notify Customers of the renewal in advance of it taking place.
A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Kaz with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Kaz to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Kaz will issue an electronic invoice indicating that you must proceed manually, within 30 days, with the full payment corresponding to the billing period as indicated on the invoice.
Kaz may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by Kaz until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and with at least one week’s notice, Kaz reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
Solely at the end of the service term, Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees with respect to the same scope of Services, upon 1 month prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company in order to receive an adjustment or credit.
Kaz will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutesyour agreement to pay the modified Subscription fee amount.
In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice, if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay for the Services effectively provided up to and including the last day on which the Services are provided. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
Additionally, you agree not to:
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245
FullStory is provided by FullStory Inc.
You can prevent FullStory from using your information for analytics purposes by opting-out. To opt-out of FullStory service, please visit this page: https://www.fullstory.com/legal/privacy/.
For more information on what type of information FullStory collects, please visit the Terms of Use page of FullStory: https://www.fullstory.com/legal/terms-and-conditions/
We may use other third-party Service Providers that are not mentioned here. Please reach out to support@explo.co with any questions.
Segment is provided by Segment.io, Inc.
You can prevent Segment from using your information for analytics purposes by opting-out. To opt-out of Segment service, please visit this page: https://segment.com/legal/privacy/.
For more information on what type of information Segment collects, please visit the Terms of Use page of Segment: https://segment.com/legal/terms/.
Amplitude is provided by Amplitude, Inc.
You can prevent Amplitude from using your information for analytics purposes by opting-out. To opt-out of Amplitude service, please visit this page: https://amplitude.com/privacy
For more information on what type of information Amplitude collects, please visit the Terms of Use page of Amplitude: https://amplitude.com/terms
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Kaz and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kaz.
In connection with a proposed business relationship, KAZ INC. (“Company”) has allowed you to access, or may allow you access, technical or other information, materials and/or ideas (“Proprietary Information,” which term shall include, without limitation, (a) the manner in which any such information may be combined with other information, or synthesized or used by Company and (b) anything you learn or discover as a result of exposure to or analysis of any Proprietary Information).
In consideration of any disclosure and any negotiations concerning the proposed business relationship, you agree as follows:
You will hold in confidence and will not possess or use (except as required to evaluate the proposed business relationship within the U.S.) or disclose any Proprietary Information except information you can document (a) is in the public domain through no fault of yours, (b) was properly known to you, without restriction, prior to disclosure by Company or (c) was properly disclosed to you by another person without restriction. You will not reverse engineer or attempt to derive the composition or underlying information, structure or ideas of any Proprietary Information. The foregoing does not grant you a license in or to any of the Proprietary Information.
If you decide not to proceed with the proposed business relationship or if asked by Company, you will promptly return all Proprietary Information and all copies, extracts and other objects or items in which Proprietary Information may be contained or embodied.
You will promptly notify Company of any unauthorized release, disclosure or use of Proprietary Information.
You understand that this Agreement does not obligate Company to disclose any information or negotiate or enter into any agreement or relationship. You will ensure the security of any facilities, machines, accounts, passwords and methods you use to store any Proprietary Information or to access Company systems and ensure that no other person has or obtains access thereto.
The terms of this Agreement will remain in effect with respect to any particular Proprietary Information until you can document that such Proprietary Information falls into one of the exceptions stated in Paragraph 1 above.
You acknowledge and agree that due to the unique nature of the Proprietary Information, any breach of this agreement would cause irreparable harm to Company for which damages are not an adequate remedy, and that Company shall therefore be entitled to equitable relief (without being required to post a bond) in addition to all other remedies available at law.
Until one year after the later of (i) the date of this Agreement or (ii) the last disclosure of Proprietary Information to you, you will not encourage or solicit any employee or consultant of Company to leave Company for any reason.
This Agreement is personal to you, is no assignable by you, is governed by the internal laws of the State of California and may be modified or waived only in writing signed by both parties. If any provision of this Agreement is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. The prevailing party in any dispute or legal action regarding the subject matter of this Agreement shall be entitled to recover attorneys’ fees and costs.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@explo.co, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at support@explo.co.
You may provide us either directly at support@explo.co or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback.
The third party sites and tools mentioned above include the following:
Frictionless Error Monitoring and Application Performance Management for your App. Please read their Privacy Policy here: https://airbrake.io/privacy.
Our Service may contain links to third party web sites or services that are not owned orcontrolled by Kaz
Kaz has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Kaz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.
Company represents and warrants to Customer that: (i) the Service and Software, as available to Customer, shall not infringe, violate or misappropriate upon any third-party Intellectual Property Rights or other proprietary right; (ii) it shall provide the Software and Services in a competent, workmanlike, and professional manner; (iii) it shall not knowingly introduce any computer viruses, malware, or similar malicious software into Customer’s computing and network environment and shall take reasonable steps to ensure such viruses are not introduced through the Software and/or Services; and, (iv) shall comply with.
Company shall perform the Services and Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance, or for unscheduled emergency maintenance, either by Company or by thirdparty providers, or because of other causes beyond Company’s reasonable control. However, subject to the service leves attached hereto, company does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the services. Notwithstanding anything in the agreement, and except as expressly set forth in this section, the services and implementation services are provided “as is” and company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Except as prohibited by law, both parties will hold the other party and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive
Damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. By continuing to access or use our Service after any revisions become effective, you agree tobe bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, andany failure of Company to assert a right or provision under Terms shall not constitute a waiverof such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
Please send your feedback, comments, requests for technical support:by email: support@explo.co.
