KaiStore Terms of Service
KaiStore is a service provided by Kai OS Technologies (Hong Kong) Limited (“KAI“, “we” or “us“), located at 12/F, 133 Wai Yip Street, Kwun Tong, Kowloon, Hong Kong. Your use of KaiStore and the apps, games, ringtones, wallpapers, or other digital content or services (referred to as “Content”) available through it is subject to these KaiStore Terms of Service and the KaiOS Terms of Services and EULA available at https://kaiostech.com/terms-of-services/ (“KAI EULA“) ( together referred to as the “Terms“). KaiStore is a “Service” as described in the KAI EULA. If there is any conflict between the KaiStore Terms of Service and the KAI EULA, the KaiStore Terms of Service shall prevail.
2. Your Use of KaiStore
2.1 Use and System Requirements: You may use KaiStore to browse, locate, view, or download Content for your mobile running KaiOS operating system (“Device”). To use KaiStore, you will need a device that meets the system and compatibility requirements for the relevant Content, working Internet access, and compatible software.
2.2 Content Availability: The availability of Content and features will vary between countries and not all Content or features may be available in your country. Content may be offered by KAI or made available by third-parties not affiliated with us. We are not responsible for and do not endorse any Content made available through KaiStore that originates from a source other than KAI.
2.3 Age: If you are considered a minor in your country, you must have your parent or legal guardian’s permission to use KaiStore and to accept the Terms. You must comply with any additional age restrictions that might apply for the use of specific Content or features on KaiStore.
2.4 Fees: You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of Content and KaiStore.
2.5 Automatic Updates: KaiStore, related support libraries, or Content may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively, “Updates“). Such Updates may be necessary in order for you to use KaiStore or to access, download, or use Content. By agreeing to these Terms and using KaiStore, you agree to receive such Updates automatically. You may be able to manage Updates to certain Content via settings on your Device. If it is determined, however, that the Update will fix a critical security vulnerability related to the Content, the Update may be completed by KAI irrespective of your Update settings.
KAI’s privacy policies, available at https://kaiostech.com/privacy-policy/, set out how we treat your personal data and protect your privacy when using our Services. KAI may need to provide your personal information, such as your name and email address, to third party providers for the purposes of processing your transactions or provisioning Content to you. In such instances, the providers agree to use this information in accordance with their privacy policies.
2.6 Updates to these Terms: Because we are constantly developing our software, we need to reserve the right, at any time and our sole discretion, to change these Terms. When we do so, we will use our reasonable efforts to notify you of what we have done and the new Terms will be effective after such notice. Your continued use of KaiStore following such notice period will indicate your acceptance of the new Terms. The new Terms will apply to your use of all Content (including Content you have installed or purchased in the past) and all subsequent installs or purchases. If you do not agree with such changes, you may not be able to access the KaiStore. You may continue to view the Content on your Devices in accordance with the last version of the Terms that you accepted but you will not receive any Updates.
3. Purchases and Payments
3.1 Free Content: KAI may allow you to download, view or use Content free of charge on KaiStore. Additional limitations may apply to your access and use of certain free Content.
3.2 Purchase of Content: When you buy Content on or using KaiStore you will enter into a separate sale contract based on these Terms (as applicable) with us or with a third-party Content provider. The separate sale contract is in addition to these Terms.
Your contract for the purchase and use of Content is completed once your payment is processed, and performance of this contract begins as soon as the purchase is complete.
KAI may make available to you various payment processing methods to facilitate the purchase of Content through KaiStore or as an in-app purchase within the Content. You must abide by any relevant terms and conditions or other legal agreement, whether with KAI or a third party, that governs your use of a given payment processing method. KAI may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on KaiStore.
3.3 Eligibility for Carrier Billing: In order to determine your eligibility to have purchases of Content that you make through your Devices billed to your network provider’s account, we will send identifiers of your Device, e.g., subscriber ID and SIM card serial number, to your network provider. To permit this you will need to accept the network provider’s terms of service. The network provider may send us your billing address information.
Please note that in order to process your purchase, we (or the billing provider) need to obtain your MSISDN and your MCCMNC. We will use the data solely for the purpose of processing and tracking your purchase.
3.4 Pricing: Pricing and availability of all Content displayed through KaiStore or for in-app purchases are subject to change at any time prior to purchase.
3.5 Taxes: “Taxes” means any duties, customs fees, levies or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest. You are responsible for any Taxes and must pay for Content without any reduction for Taxes. If KAI is obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of KaiStore or the purchase of Content on or through KaiStore. The reporting and payment of any such applicable Taxes are your responsibility.
3.6 All Sales Final: All sales are final, and no returns, replacements or refunds are permitted, if the delivery has started upon your request. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction. When you purchase or subscribe to Content on KaiStore, you agree that the Content will be available to you immediately, and you acknowledge that, as a result, you waive your automatic statutory right of withdrawal. Therefore, you will not be eligible for a refund (or any alternative remedy) unless the Content is defective, unavailable or doesn’t perform as stated. Subject to the last sentence of this Section, If you have successfully paid for Content but the Content is defective, unavailable or doesn’t perform as stated, please contact us via https://www.kaiostech.com/company/contact-us. If the Content is provided by a third party provider, please reach out to the respective customer support of such provider directly via the provided third party information in the Kai Store or third party Content.
4. Rights and Restrictions
4.1 License to Use Content: After completing a transaction or paying the applicable fees for Content, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to store, access, view, use, and display copies of the applicable Content on your Devices or as otherwise authorized as part of the Service for your personal, non-commercial use only. All rights, title and interest in KaiStore and Content not expressly granted to you in the Terms are reserved. Your use of apps and games may be governed by the additional terms and conditions of the End User License Agreement between you and the Content provider. Delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners. It is your responsibility not to lose, destroy or damage Content once downloaded.
4.2 Violation of License Terms: If you violate any of the Terms, your rights under this license will immediately terminate, and KAI may terminate your access to KaiStore and the Content without refund to you.
Restrictions: You may not:
- -Display (in part or in whole) the Content as part of any public performance or display even if no fee is charged except (a) where such use would not constitute a copyright infringement or violate any other applicable right or (b) as specifically permitted and only in the exact manner provided.
- -Sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any Content to any third party including with regard to any downloads of Content that you may obtain through KaiStore except as specifically permitted and only in the exact manner provided.
- -Use Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner provided.
- -Attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or KaiStore.
- -Remove any watermarks, labels or other legal or proprietary notices included in any Content, or attempt to modify any Content obtained through KaiStore, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.
- -Access our Services or Content using any other software than the official software provided by KAI.
4.3 Third-Party Provisions: Notwithstanding anything to the contrary in these Terms, the third parties who license their Content to KAI are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content (“Third-Party Provisions”), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.
4.4 Defective Content: Once Content is available to you, you should check the Content as soon as reasonably possible to ensure that it functions and performs as stated, and notify us via https://www.kaiostech.com/company/contact-us as soon as reasonably possible if you find any errors or defect.
4.5 Removal or Unavailability of Content: Subject to the Terms, Content that you purchase or install will be available to you as long as KAI has the right to make such Content available to you. In certain cases (for example KAI loses the relevant rights, a service or Content is discontinued or removed, there are critical security issues, or there are breaches of applicable terms or the law), KAI may automatically remove from your device or cease providing you with access to certain Content that you have purchased. When possible, KAI will use its reasonable efforts to notify you in advance of such removal or cessation.
Important notice: please note that if you reset your device (do a factory reset or perform similar function), the reset may automatically remove from your device all Content that you have downloaded and purchased.
If you are not able to re-download the paid Content after the reset (free-of-charge), you may request, and KAI may offer you a replacement of such paid Content if possible.
4.6 Dangerous Activities: None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage.