KaiOS Terms of Service

The following Terms of Service (“Terms of Service”) constitute an agreement

between KAI OS TECHNOLOGIES (HONG KONG) LIMITED, including its affiliates

(“we” or “KAI”) and you, and governs your use of the services we make available

to you and our website(s) (“Services”). Note that additional terms might apply to

certain services (“Specific Terms”). In such cases you will be asked to approve the

Specific Terms before you can use the service in question.

 

Please read this Terms of Service carefully. Please note that you must have the

legal right to enter into agreements of this nature in order to use the Services.

You agree to this Terms of Service by selecting the appropriate check-box, “I

accept” button or by using the Services.

 

By accepting this Terms of Service, you agree to all of these terms.

 

  1. SCOPE

 

When using the Services, you agree to comply with applicable laws, this Terms of

Service and good manners. You agree to use all Services only for your personal,

non-commercial purposes. When applicable, you agree to submit messages and

material that are proper and related to the particular Services and only after you

have obtained any required consents, permissions or licenses that may be legally

required for you to submit such material.

 

You accept responsibility for the consequences related to the material that you

submit in the Services and you shall not provide us false or misleading

information.

 

By way of example, and not as a limitation, you agree that you will not use the

Services: (i) for any illegal, fraudulent or unauthorized purpose, or (ii) to publish,

post, upload, distribute or disseminate any inappropriate, junk email, spamming

or any defame, abuse, unlawful material or information that may harm or

damage the Services (such as worms or viruses, or any code of a destructive

nature) or the operation of other’s device/property or otherwise violate the legal

rights (such as rights of privacy and publicity) of others. Furthermore, you agree

not to use any automated systems or means to access, acquire, copy or monitor

any part of the Services.

 

KAI has no obligation to monitor the Services. However, KAI reserves the right to

monitor or moderate the Services, review materials posted to the Services and to

remove any materials in its sole discretion. KAI reserves the right to terminate or

restrict your access to any or all Services at any time without notice for any

reason.

 

KAI reserves the right to disclose any information as KAI deems necessary to be

compliant with any applicable law, regulation, legal proceeding or governmental

request, or to block, refuse to post or to remove any information or materials, in

whole or in part, at KAI’s sole discretion.

 

Note that certain components of our Services and certain software that is made

available as part of our Service are available as open source via various projects

(“Open Source Software”). Although the Services are subject to these Terms of

Service, Open Source Software is available under its own license terms, subject to

which you are free to use it in accordance with its terms.

 

  1. PRIVACY; CONSENT TO USE OF DATA

 

Some of the Services may send or receive information when activating or using

them. By accepting this Terms of Service and using the Services you agree that

we may collect, use, and disclose the information as described in the KaiOS

Privacy Policy.

 

  1. CHANGES TO THESE TERMS

 

Because we are constantly developing our Services, we need to reserve the right,

at any time and our sole discretion, to change this Terms of Service. When we do

so, we will use our reasonable efforts to notify you of what we have done.

 

  1. APPLICABLE LAW

 

In the event a dispute arises between you and us, please email to our customer

service so we can attempt to resolve it promptly.

 

This Terms of Service is governed by the laws of Hong Kong without reference to its

conflict of law or choice of law principles.

 

Any translation of this Terms of Service is done for local requirements and in the

event of a dispute between the English and any non-English versions, the English

version of this Terms of Service shall govern, to the extent not prohibited by local

law in your jurisdiction.

 

If for any reason a court of competent jurisdiction finds any provision, or portion

thereof, to be unenforceable, the remainder of this Terms of Service shall

continue in full force and effect.

 

  1. DISCLAIMER OF WARRANTY

 

THE SERVICES ARE PROVIDED “AS-IS.” YOU BEAR THE RISK OF USING THEM.

KAI GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU

MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS

WHICH THIS THE TERMS OF SERVICE CANNOT ALTER. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, KAI EXCLUDES THE IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE.

 

  1. LIMITATION AND EXCLUSION OF REMEDIES AND DAMAGES

 

YOU CAN RECOVER FROM KAI ONLY DIRECT DAMAGES UP TO THE PRICE YOU

PAID FOR THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL

LAWS, YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING

CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL

DAMAGES.