Terms of service

Terms of Use

Updated: October 1, 2023

Application and Acceptance of Terms

The following terms and conditions of use (these “Terms of Use”) constitute a legal agreement between you (“You”) and Klok LLC (“Klok”).  These Terms of Use govern any use or access by You with respect to any websites owned and operated by Klok, specifically including www.buyklok.com, (collectively, the “Site”) and any material included on the Site, downloadable from the Site, made available through, or associated with the Site (collectively, “Content”). By accessing and/or using the Site, You acknowledge that you have read and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, do not use the Site.

The Site is controlled and operated by Klok within the United States. Klok makes no representation that the Site or the Content is appropriate or available for use in other locations.  If You choose to access the Site from other locations, You do so of Your own initiative and You are responsible for compliance with applicable local laws. There Terms and Conditions prohibit access to the Site of the Content from any territory or jurisdiction where the Site or any content on the Site is illegal.

Trademarks and Copyrights

This Site and the Content are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images on the Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Klok or others (“Trademarks”).  Klok respects the intellectual property rights of others and asks users of this Site to do the same.

License and Use Restrictions

Except as expressly provided according to these Terms and Conditions, nothing on the Site shall be construed as conferring any license or right under copyright, trademark, or other intellectual property rights.

Subject to these Terms of Use, Klok grants to you a limited, non-exclusive right to access and make personal use of the Site and the Content. Except as stated herein, none of the Content on the Site may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Klok. You may not use the Site or any of the Content for any unlawful purpose or any purpose prohibited by these Terms of Use, nor may you use the Site to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without the express written consent of Klok, “mirror” any of the Content contained on the Site on any other server. Any unauthorized use of any of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, you may copy, distribute and download the materials on the Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.

Terms of Purchase and Sale

Terms and conditions in addition to these Terms of Usage may apply to any purchase of Klok products or services You make Site. You acknowledge and agree that your rights and responsibilities will be governed by such other terms and conditions as provided in any applicable purchase and/or service agreements. In the event there is a conflict between these Terms of Use and the terms provided in an applicable purchase and/or services agreement for any product or service offered through the Site, the terms of such purchase and/or service agreement shall govern to those purchases.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND THE CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, KLOK AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF KLOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KLOK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KLOK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THE SITE. KLOK MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND KLOK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH CONTENT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

KLOK DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF KLOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Privacy

Klok’s Privacy Policy will apply to your use of the Site and the Content. The terms of Klok’s Privacy Policy are made a part of these terms; please review Klok’s Privacy Policy and related information about your privacy and Klok’s use of your information. 

Klok’s Privacy Policy is available here.

You acknowledge and agree that you are responsible at all times for maintaining the confidentiality and protection of your account and password information if such information is applicable to your use of the Site. You are also responsible for adequately restricting the use and access to your computer, smart phone, or other device used to access the Site as well as all activity that occurs under your account due to your failure to protect such information.

Our Transmissions

Any material, information, or idea you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Klok or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Klok may monitor, record or otherwise capture and maintain a record of your site session for quality control or other purposes. Notwithstanding the foregoing, all personal data provided to or captured by Klok online will be handled in accordance with Klok’s Privacy Policy. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Hyperlink Disclaimers

As a convenience to you, the Site may provide links to other websites operated by other entities (any one of these, a “Linked Site”). If you use any Linked Site, you will leave the Site. If you decide to visit any Linked Site, you do so at your own risk. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Klok. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Klok. Klok does not endorse or make any representation regarding or warrant any information, goods and/or services appearing or offered on any Linked Site. Links do not imply that Klok or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the Linked Sites, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Klok or any of its affiliates or subsidiaries. Klok is neither responsible for nor will it be liable under any theory based upon any Linked Site, any information or content found on any Linked Site, or any site linked to or from any Linked Site.

Claims of Infringement

If You believe that any content appearing on this Site infringes your copyright rights, we please contact Us. Please forward the following information in writing to the contact information listed below:

  1. your name, address, telephone number, and e-mail address;
  2. a description of the copyrighted work that you claim has been infringed;
  3. the exact URL or a description of each place where alleged infringing material is located;
  4. a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
  5. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  6. a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Revisions to the Terms of Use

Klok may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and should, therefore, periodically visit this page to determine the then-current Terms of Use to which you are bound.

Governing Law

You agree that any claim relating to the Site and the materials contained on the Site and related to your access and use of the Site will be governed by the laws of the state of Delaware without regard to the conflicts of laws provisions of Delaware.

How To Contact Us

Please forward any comments or complaints about the Site to [email protected]. Please forward any questions regarding privacy to [email protected].    

END-USER LICENSE AGREEMENT AND TERMS OF SERVICE

  1. Acknowledgement and Agreement to be Bound. This End-User License Agreement and Terms of Service (hereinafter, the “EULA”) constitutes a binding agreement and shall bind:

the end-user of the Klok’s Platform (the “Klok Platform”), such as via compatible hardware (the “Klok Device”), and the services enabled by the Klok Platform (the “Services”) (hereinafter, “End-User” or “You;” “Your,” “Yours,” “Yourself” shall have associative meanings); and

Klok LLC (hereinafter, “Company,” We,” or “Us”).

Any use of the Klok Platform or the Services is subject to the terms and conditions set forth in this EULA and the terms and conditions of a Customer Service Agreement (the “Customer Services Agreement”) , as defined in Section 3 (collectively, the “Agreements”). You confirm and acknowledge that all Licenses granted by this EULA and the Customer Service Agreement, including access to the Klok Platform and/or use of the Services, is granted strictly on condition of Your agreement to be bound by and acceptance of all of the terms of this EULA and the agreement of the Account Holder, as defined in Section 3, to be bound by all of the terms of this Customer Service Agreement.

  1. Your Acceptance. You accept the terms and conditions of this EULA by doing any of the following:
      1. giving us a written or electronic signature or confirmation;
      2. activating, paying for, or using the Klok Platform or a Klok Device;
      3. using the Klok Services; or
      4. opening a box or packaging for a Klok Device.
  2. No Modification of Acceptance. Your acceptance of this EULA is limited to acceptance of all the express terms contained within this EULA, without any modification. Any purported additional or modified terms proposed by You or any attempt by You to vary in any degree any of the terms of the Agreements in your acceptance are hereby rejected and such purported additional or modified terms shall be void ab initio.

1. Klok Platform; Services.

    1. The Klok Platform. The Klok Platform is a digital network communications platform, including certain software, which enhances internet security and privacy.
    2. The Services. The Services include communication, via the Klok Platform, with enhanced internet security and privacy.

2. Accounts.

You acknowledge that Your access to the Klok Platform and/or use of the Services requires the maintenance of one or more accounts (the “Account(s)”), subject to terms of a Customer Services Agreement (hereinafter, the “Customer Services Agreement”) that has been executed between You or another person or entity that maintains the Account (the “Account Holder”) and Klok.

  1. License.
    1. Licensed Material. You acknowledge that the Services provided by Company may require that You download, install, access, or use the Klok Platform which is covered under a License. The Klok Platform is provided as a license, not sold, to You for use strictly under the terms of this Agreement. Company reserves all rights not expressly granted to You, and no rights in the Klok Platform arise by implication, estoppel or otherwise.
    2. Scope of License. Company hereby grants to You a revocable, non-exclusive, non-transferable, non-sublicensable license to use or access the Klok Platform via Klok Device that is owned and/or controlled by You (herein, the “License”). Any unlicensed access is unauthorized. You may not rent, lease, lend, sell, redistribute, make derivative works of, or sublicense the Klok Platform. You may not copy (except as expressly permitted by the Agreements), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Klok Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Klok Platform). Any attempt to do so is a violation of the rights of Company and/or its licensors.
    3. Updates. You acknowledge that the Klok Platform may, from time to time, be subject to updates, upgrades, repairs, and other modifications, (herein, collectively, “Updates”). All Updates shall be provided in the sole discretion of Company. You acknowledge that Company has sole discretion and responsibility for the Klok Platform, Updates thereto, and the content thereof. The terms of the License, as set forth herein, will govern any Updates provided by Company to the Klok Platform that supersede and/or supplement a previous version unless such Update is accompanied by a separate license provided by Company in which the terms of that license will govern.
    4. Third Parties Services. You acknowledge and agree that Your access to the Klok Platform and/or the Services may, as a consequence of factors outside the control of the Company, be effected through third-party electronic distribution channels, including but not limited to the third-party internet providers, wireless internet providers, and/or wireless network operators (collectively, the “Third Party Channels”). You acknowledge that all Third Party Channels are not the responsibility of Company and that any services obtained via Third Party Channels are separate from and outside of the scope of this Agreement.
    5. Third Party Materials. The Klok Platform and/or the Services may enable access and/or distribution of various information, including third-party user content (collectively, “Content”). You acknowledge that all Content is outside of the Company’s responsibility and that Company has no liability for Content.


2. Restrictions and Responsibilities.

You agree that You will not, and will not permit any third party to:

  1. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of any portion of the Klok Platform, or any documentation or data related to the Klok Platform;
  2. modify, translate, or create derivative works based on the Klok Platform;
  3. use the Klok Platform for timesharing or service bureau purposes or for any purpose other than your own internal use;
  4. use the Klok Platform in connection with any high risk or strict liability activity;
  5. use the Klok Platform other than in accordance with this EULA, the Customer Services Agreement and in compliance with all applicable laws and regulations, including but not limited to any privacy laws, marketing and data security laws and government guidelines, and laws and regulations concerning intellectual property, consumer and child protection, obscenity or defamation;
  6. run or use any processes that run or are activated while End-User is not logged on to the Klok Platform or that “crawl,” “scrape,” or “spider” the Klok Platform; or
  7. use the Klok Platform in any manner that:
        1. is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable (including without limitation, accessing any computer, computer system, network, Klok Platform, or data without authorization, breaching the security of another user or system, and/or attempting to circumvent any user authentication or security process),
        2. impersonates any person or entity, including without limitation any employee or representative of Company, or
        3. contains a virus, Trojan horse, worm, time bomb, unsolicited bulk, commercial, or “spam” message, or other harmful computer code, file, or program (including without limitation, password guessing programs, decoders, password gatherers, keystroke loggers, cracking tools, packet sniffers, and/or encryption circumvention programs).

Company shall have the right to suspend or limit Your access to the Klok Platform and/or the access of any other end-users associated with You or Your Account, if Company determines, in its sole discretion, that:

Your use (or the Account Holder) of the Klok Platform will, has, or is likely to:

        1. damage the Klok Platform or interfere with the ability of the Company to reliably provide the Klok Platform to other end-users;
        2. place an unreasonable or unexpected load on the Klok Platform;
        3. pose a threat of attack on or actually attack the cloud servers hosting the Klok Platform (including a denial of service attack) or other event that may create a risk to the Klok Platform, to Company, or to any other end-user of the Klok Platform;
        4. disrupt or pose a security risk to the Klok Platform or any other user of the Klok Platform;
        5. harm a system of Company, a third party, or any other user of the Klok Platform;
        6. subject Company or any third party to liability;
        7. misuse the Klok Platform;
        8. use the Klok Platform for or in connection with any criminal, fraudulent, or illegal activity;
      1. subject to applicable law, You (or the Account Holder), have ceased to continue Your (or its) business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of Your (or its) assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;
        1. You (or the Account Holder) is using the Services in breach of this EULA;
        2. You (or the Account Holder) are in default of payment obligations; or
        3. there is an unusual spike or increase in usage by You (or the Account Holder) of the Klok Platform (collectively, “Service Suspensions”).
    1. You acknowledge and agree that the reasons for a Service Suspension are subject to change without notice.
    2. You acknowledge and agree that all agents or other end-users that access the Klok Platform and/or use the Services via Your Account, including minors, are subject to the limitations and obligations of this EULA. You are responsible for all acts and omissions of any agents or other end-users of Your Account, as if You committed such act or omission Yourself.
    3. You acknowledge and agree that Your access to the Klok Platform and/or the provision of Services to You may be suspended as a result of the actions of other users (including end-users associated with Your Account).
    4. Company will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to You (or Account Holder), including notices posted on the website or sent to Your registered e-mail address (or a registered e-mail address of the Account Holder) and to provide updates regarding resumption of Your access to the Klok Platform following any Service Suspension.

3. Support.

    1. Limitation of Support Obligations. You agree and acknowledge that Company has no obligation whatsoever to furnish any maintenance and support services (collectively, “Support”) with respect to the Klok Platform or any Klok Device other than as set forth in the Warranty Coverage Agreement attached to and incorporated into the Customer Services Agreement, or as required under applicable law. You also agree and acknowledge that any Support, to the extent provided for in the Warranty Coverage Agreement, shall be provided for and administered solely by the Company and that no third-party (including any manufacturer, licensor, or provider of the Klok Platform and/or a Klok Device or any component thereof) has any obligation whatsoever to furnish any Support with respect to the Klok Platform and/or a Klok Device except as set forth in the Warranty Coverage Agreement.
    2. Feedback and Support. If You contact Company for Support, make an inquiry or request (herein, an “Inquiry”) or provide Us feedback (herein, “Feedback”), We may collect Your name, email address, and/or phone number as well as any other content in Your feedback or request, as necessary to provide Support and so that We may send You a reply. If You contact Us for Support, we may collect and store certain technical diagnostic data, e.g. your device model. You hereby agree to the collection and storage of such information for such purposes.


4. Data and Information of the End-User.

    1. End-User Data. You agree that by using or accessing the Klok Platform, You grant to Company a worldwide, royalty-free, non-exclusive, irrevocable, sublicensable right and license to use, copy, display, perform, store, distribute, and modify any End-User Data as necessary for the Company to perform any obligations under the Agreements. “End-User Data” means all data, electronic or otherwise, and information submitted by You for set up and provisioning of the Klok Platform, and information created, generated, collected, or harvested by Company in the furtherance of the Agreements and the security and performance thereof. End-User Data does not include any Content.
    2. Non-Personally Identifiable Information. You acknowledge and agree that the Klok Platform may make use of non-personally identifiable information (“Non-PII”) location data (including, but not limited to, GPS geo-location coordinates, the MAC address and received signal strength of nearby Wi-Fi access points, nearby cell tower IDs, and the IP Address) that are sent by Klok Devices to access the Klok Platform. You acknowledge and agree that a third-party provider may be utilized to process certain Non-PII and You consent to the transmission, collection, maintenance, processing, and use of Your Non-PII to provide and improve the Klok Platform and Services.
    3. Personally Identifiable Information (PII). Except as provided in conjunction with providing You Support or a response to Your Inquiry or Feedback, or notifications under the Digital Millennium Copyright Act, Company does not solicit Your PII. To the extent Your Content includes PII, You acknowledge and agree Company is under no obligation to monitor the access or use of such PII by other users of the Services, or otherwise, remove or disable access to such PII by other users, even if You request its removal or disabling. You bear the entire risk associated with any PII that You include in Content. To the extent Your Content includes PII of others, You acknowledge that you are solely responsible for the accuracy and right to use such information, including obtaining the express written consent of others whose PII is submitted as part of Your Content.
    4. Loss of Data. You acknowledge and agree that Company shall not be responsible for any loss resulting from the loss of Your Content stored via the Klok Platform or Services, and it is Your responsibility to maintain a backup of any Content submitted or used in connection with the Klok Platform or Services.
    5. Privacy Policy. All End-User Data shall be subject to the terms of Klok’s Privacy Policy, which is incorporated herein.
  1. Cooperation. You agree to cooperate with Company in connection with the performance of this EULA by making available such personnel and information as may be reasonably required, and taking such other actions as Company may reasonably request. You also agree to cooperate with Company in establishing a password or other procedures for verifying that only designated persons (or designated employees of the Account Holder) have access to any administrative functions of the Klok Platform.
  2. Confidentiality. You acknowledge and agree that the Klok Platform and Services are confidential, proprietary information (“Confidential Information”). You agree to treat such information as highly confidential and (a) will not divulge to any third person any such Confidential Information, (b) will give access to such Confidential Information solely to those persons, employees, and/or agents with a need to have access thereto, and (c) to take the same security precautions to protect against disclosure or unauthorized use of such Confidential Information that You take with Your own proprietary information, but in no event will You apply less than reasonable precautions to protect such Confidential Information; (d) to not provide Company any of Your confidential or proprietary information unless necessary for Company to perform its obligations pursuant to the Agreements.
  3. Intellectual Property Rights. You agree that Company alone (and its licensors and third-party providers, where applicable) will retain all intellectual property rights relating to the Klok Platform, any associated software, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any third party relating to the Klok Platform and/or the software. You agree to assign and do hereby assign such intellectual property to Company. You agree not to copy, distribute, reproduce, or use any of the foregoing except as expressly permitted. You agree that neither this EULA nor the Customer Services Agreement is a sale and do not convey to You (or the Account Holder) any rights of ownership in or related to the Klok Platform or any intellectual property rights of Company (or its licensors or third-party providers). You represent and warrant that You (or the Account Holder) owns and will continue to own all worldwide right, title and interest in, or presently holds and will continue to hold a valid license to, all Content distributed by or on behalf of You (or the Account Holder) through the Klok Platform, if any, and the intellectual property rights with respect to that Content. If Company receives any notice or claim that any Content, or activities hereunder with respect to any Content, may infringe or violate rights of a third party or any applicable law or regulation (a “Claim”), Company may (but is not required to) suspend activity hereunder with respect to that Content and You will indemnify Company (and its licensors) from all liability, damages, settlements, attorney fees and other costs and expenses in connection with any such Claim, as incurred.
  4. Termination. You acknowledge that Company retains the right to terminate this EULA (i) in the event of any material breach of one or more of the Agreements by You or an organization or entity that maintains your Account, including without limitation, any failure to pay any fees or other amounts when due under the Customer Services Agreement; (ii) You (or the Account Holder, as applicable) institutes insolvency, receivership or bankruptcy proceedings, (iii) You (or the Account Holder, as applicable) makes an assignment for the benefit of creditors, (iii) Company is dissolved or ceases to do business, or (iv) the Customer Services Agreement is terminated, according to its terms.


5. Disclaimers; Warranty; Limitation of Liability.

    1. THE KLOK PLATFORM IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE WITH DATA, CONTENT OR INFORMATION USED FOR OR REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPON SYSTEMS, IN WHICH THE FAILURE OF THE SERVICES, INTERNET OR THIRD PARTY CLOUD SERVICE PROVIDER INFRASTRUCTURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK APPLICATIONS”). YOU SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK APPLICATIONS.
    2. NEITHER COMPANY NOR ANY THIRD-PARTY LICENSOR(S) OF THE KLOK PLATFORM, OR ANY SOFTWARE OR TECHNOLOGY EMBODIED THEREIN, WARRANTS THAT THE OPERATION OF THE KLOK PLATFORM, ANY SERVICE ENABLED BY THE KLOK PLATFORM, OR ANY FUNCTION CONTAINED IN THE KLOK PLATFORM WILL MEET YOUR REQUIREMENTS (OR THE REQUIREMENTS OF ANY ORGANIZATION OR ENTITY THAT MAINTAINS YOUR ACCOUNT, AS APPLICABLE), BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE KLOK PLATFORM AND/OR THE SERVICES OR THE SERVERS THAT MAKE THE KLOK PLATFORM AND/OR THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE KLOK PLATFORM, THE SERVICES, SOFTWARE, COMPANY PROPRIETARY INFORMATION, AND ANYTHING PROVIDED IN CONNECTION WITH THIS EULA ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES OF ANY KIND. ANY USE OF THE KLOK PLATFORM AND/OR THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR EXPENSE INCURRED AS A RESULT OF OR ARISING OUT OF YOUR USE OF THE SERVICE.
    3. NEITHER COMPANY NOR ANY THIRD-PARTY LICENSOR(S) OF THE KLOK PLATFORM MAKE ANY OTHER WARRANTY, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE KLOK PLATFORM, OR ANY SOFTWARE OR TECHNOLOGY EMBODIED THEREIN. COMPANY AND ITS THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL COMPANY OR ITS THIRD PARTY LICENSORS OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE KLOK PLATFORM OR ANY SERVICES ENABLED BY THE KLOK PLATFORM, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE DATA OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF COMPANY OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    5. THE TOTAL LIABILITY OF COMPANY AND ITS THIRD-PARTY LICENSORS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (i) AN AMOUNT EQUAL TO OR LESS THAN ONE THOUSAND DOLLARS ($1,000), OR (ii) THE FEES PAID TO COMPANY UNDER THE CUSTOMER SERVICES AGREEMENT IN THE THREE-MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
    6. YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ANY THIRD-PARTY LICENSOR SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, LIABILITIES, LOSSES (INCLUDING ANY LOSS OF DATA OR PROFITS) OR ANY OTHER CONSEQUENCES THAT YOUR (OR AN ORGANIZATION OR ENTITY THAT MAINTAINS YOUR ACCOUNT) MAY INCUR AS RESULT OF ANY SERVICES SUSPENSION, LIMITATIONS RELATED TO CARRIER COVERAGE OR LIMITATIONS AS TO THE SUPPORT.
    7. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
  1. Indemnification. As a condition of Your use of the Klok Platform and with respect to third-party claims, You agree to indemnify, defend, and hold harmless Company, any third-party licensors or providers of the Klok Platform, and their respective affiliates, subsidiaries, and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns from and against any judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and legal expenses) of any kind arising from Your use of the Klok Platform or related products, or from or attributable to any breach by You of Your obligations established under this EULA or any privacy, employee, or consumer protection right that is implicated herein and by the Klok Platform, or Your infringement, or the infringement or use by any other user of Your account, of any intellectual property or other right of any person or entity. All indemnification duties shall continue in effect even after, and notwithstanding, any subsequent revocation of consent or the expiration or termination of the Agreements or Your use of the Klok Platform.
  2. U.S. Government Matters. Notwithstanding anything else, You may not provide to any person or export or re-export or allow the export or re-export of the Klok Platform or any software or anything related thereto or any direct product thereof (collectively “Controlled Subject Matter”), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Without limiting the foregoing You acknowledge and agree that the Controlled Subject Matter will not be used or transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. Your use of the Klok Platform is deemed a representation and warranty by You that the You are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Controlled Subject Matter may use or include encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations. As defined in Federal Acquisition Regulation (FAR) Section 2.101, any software and documentation provided hereunder are “commercial items” and according to Defense Federal Acquisition Regulation (DFAR) Section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR Section 227.7202 and FAR Section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of the Agreements and will be prohibited except to the extent expressly permitted by the terms of these Agreements.
  3. CONTACT US. If you have questions regarding this EULA, please contact us at [email protected].