END USER LICENSE AGREEMENT FOR KAIOS
The following End User License Agreement (“EULA”) constitute an agreement between KAI OS TECHNOLOGIES (HONG KONG) LIMITED, including its affiliates (“we” or “KAI”) and you, and governs your use of Software and Services. Please read this EULA carefully. Please note that you must have the legal right to enter into agreements of this nature in order to use the Software and Services.
You agree to this EULA by using the software named “KaiOS”, including updates, upgrades, any additional and incorporated components, any software (including internet-based software), applications, content or Services KAI makes available pursuant to this EULA, and all software documentation (“Software”).
Note that certain components of our Software are available as open source via various projects (“Open Source Software”). Although the Software is subject to this EULA, Open Source Software is available under its own terms, subject to which you are free to use it in accordance with its terms.
In addition to Open Source Software, the Software can include other third-party software under separate licenses (which, together with Open Source Software are referred to as “”). These Third Party Software can be subject to different license terms which you must accept in order to be able to use them.
- SCOPE OF LICENSE
The Software and any content accessed through the Software are licensed, not sold. In consideration of your compliance, this EULA only gives you rights to use and run one instance of the Software on your device in which this Software is preinstalled. You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. KAI, its suppliers and licensees reserve all other rights. Unless otherwise stipulated by applicable law or Third Party Software licensing terms, you may use the Software only as expressly permitted in this EULA. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways. You shall not:
- duplicate, distribute or modify the Software or publish the Software;
- work around any validation check or technical limitations in the Software;
- Use the Software for any illegal, fraudulent or unauthorized purpose;
- Transmit any worms or viruses, or any code of a destructive nature;
- Provide us false or misleading information;
- Collect from any third parties any personal data or personally identifiable information in violation of any data protection and/or privacy laws;
- reverse engineer, decompile or disassemble the Software, except and only to the extent that applicable law expressly permits, despite this limitation; or
- transfer the Software or this EULA to any third party unless along with the device containing the Software.
If we, in our reasonable discretion, consider that you are violating any laws, the terms of the license or this EULA, we reserve the right to, in addition to any other remedies available, suspend your access to the Software and Services.
- DEVICE VENDOR CONTENT
As part of the Software and/or Services, HMD Global Oy (“Device Vendor”) may provide you with content developed by the Device Vendor or its licensors (“Device Vendor Content”). The Device Vendor grants you a nonexclusive and perpetual license to use Device Vendor Content for the purpose it is intended, unless otherwise defined in the terms applicable to the Device Vendor Content in which case such terms will govern. Some Device Vendor Content may be available only in certain geographical areas. You are bound by any restrictions applicable to specific Device Vendor Content you obtain through the Software and/or Services. Any license acquired to third-party Device Vendor Content is a binding agreement between you and the third-party Device Vendor Content provider. You have only the rights to the Device Vendor Content that are expressly granted here.
- PRIVACY; CONSENT TO USE OF DATA
- EXPORT RESTRICTIONS
The Software may be subject to the export control laws and regulations of United States of America or other countries which may restrict or prohibit the export, re-export or transfer of the Software. You must comply with all applicable export and re-export control laws and regulations. For addition information or inquiry, please contact our customer service.
- ENTIRE AGREEMENT
Because we are constantly developing our Software, we need to reserve the right, at any time and our sole discretion, to change the terms of this EULA. When we do so, we will use our reasonable efforts to notify you of what we have done.
- 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 EULA is governed by the laws of Hong Kong without reference to its conflict of law or choice of law principles. If you acquired the Software in the United States of America, the laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
Any translation of this EULA 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 EULA 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 EULA shall continue in full force and effect.
- DISCLAIMER OF WARRANTY
The Software and Services are licensed “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 EULA cannot alter. To the extent permitted under your local laws, KAI excludes the implied warranties of merchantability and fitness for a particular purpose.
- LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES
You can recover from KAI only direct damages up to the price you paid for the Software. To the extent permitted under your local laws, you cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
- Use of Internet-based Services
KAI provides internet-based services with the Software (“Services”). The Services may contain e-mail, clock, news groups, forums, communities, personal web pages, calendars, photo albums, cloud cabinets, market place and/or other message or communication facilities designed to enable you to communicate with others. When using such Services, you agree to comply with applicable laws, this EULA and good manners. You agree to use all such Services only for your personal, non-commercial purposes and only to submit and receive 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. By way of example, and not as a limitation, you agree that you will not use the Services 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 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.
The personal information we collect
We collect information that you give us, including:
- email address;
- date of birth;
- device’s IMEI (International Mobile Equipment Identity);
- device’s IMSI (International Mobile Subscriber Identification Number);
- device’s IP address;
- device identification number;
- applications’ identification number.
We receive and store safely any information when you create an account ID, purchase our products or services, download a software update, contact us or participate in an online survey, browsed our websites, visited our social media pages.
We collect automatic information. We receive and store certain types of information whenever you interact with us.
We collect information used in your e-mail communications with KAI. To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from our e-shopping website if your device supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers.
We collect information from other sources. We might receive information about you from other sources, which are duly authorized by yourself to transfer such information to third parties and add it to our account information.
How we use your personal information
- The personal information we collect allows us to keep you posted on our latest product announcements, software updates, and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences.
- We also use your personal information to help us create, develop, operate, deliver, and improve our products, services, content, and advertising to improve your user experience continually.
- We may use your personal information to respond to your inquiries and fulfill your requests.
- We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of user account holders.
- From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with us, you may not opt out of receiving these communications.
- We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications.
Collection and Use of Non-Personal Information
We may also collect information which does not, on its own, allow direct association with any specific individual. We may collect, use, transfer and disclose non-personal information for any purpose. Here are some examples of non-personal data that we may collect:
- Non- personal data such as language, unique device identifier, referrer URL, location, and the time zone where one of our products is used so that we can better understand customer behavior and improve our products, services, and advertising.
- Details of how you use our services, including search queries, which may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.
- With your consent, we may collect data about how you use your device and applications in order to help application developers to improve their applications.
If we do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.
Cookies and Other Technologies
You may configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.
In some of our email messages, we use a “click-through URL” linked to content on our website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.
Do We Share the Information?
We do not share personal information with companies, organizations and individuals outside of Kai unless one of the following circumstances applies. Kai may share personal information with your consent.
We may disclose personal information to our affiliates when necessary to perform services on our or on your behalf.
We cooperate with companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
We will share personal information with organizations or individuals outside our organization if we believe that access, use, preservation or disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request.
- detect, prevent or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of our users or the public, as required or permitted by law.
Security and Transparency
We will endeavor to take all reasonable physical, technical and organizational measures and procedures to safeguard and secure the personal information we collect through our products, services and our website.
We work hard to protect our company reputation and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of personal information that we hold. In particular:
- We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems;
- We use encryption where appropriate;
- We use password protection where appropriate;
- We restrict access to personal information to our employees, contractors and agents who need to know that information in order to process it for us and who are subject to strict contractual confidentiality obligations. They may be disciplined or their contract may be terminated if they fail to meet these obligations.
However, these measures do not release you from taking appropriate steps to keep your personal information safe and secure, in particular by avoiding obvious user ID’s or passwords, by ensuring that you do not disclose your password(s) or grant any other person access to your user account and your personal information, and any other protective measures applicable.
Regarding transparency, our goal is to be clear what information we collect, so that you can make choices about how it is used.
If you share your personal information through one of our websites, services or products with a third party account, such as Facebook, Google + or Twitter, please note that the privacy of your personal information will be managed respectively by one of those third parties. We are not responsible for any damages due to any data loss, damage or misappropriation that may occur on your third party profiles over which we have no control.
Any personal information or content that you voluntarily disclose while using our website, services or products and which can be viewed by members of third party applications or sites (such as chat areas, in messages), becomes publicly viewable and can be collected, viewed and used by others. You are responsible for the personal information you choose to share or submit.
We understand the importance of taking extra precautions to protect the privacy and safety of children using our products and services. Accordingly, we do not knowingly collect, use or disclose personal information from children under 16, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. If we learn that we have collected the personal information of a child under 16, or equivalent minimum age depending on jurisdiction, without first receiving verifiable parental consent we will take steps to delete the information as soon as possible.
The current version is dated July 20, 2018.
Retention of Personal Information
To provide location-based services on our or our partner’s products, Kai and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your device. Where available, location-based services may use GPS, Bluetooth, and your IP address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by Kai and our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt in to their location services.
Third Party Sites and Services
Kai’s websites, products, applications, and services may contain links to third-party websites, products, and services. Kai’s products and services may also use or offer products or services from third parties. Information collected by third parties which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
Your rights: Access, Edit, Block
You can access, review and edit your personal information at any time by logging into your user account, visiting your user profile or by contacting us directly. You can also ask us to restrict the processing of your information in certain circumstances. Should you require us to edit, restrict or delete your personal information, we may ask you to provide us with evidence of your identity before we can act on your request.
You can also have your data deleted or blocked, as appropriate, should you believe that your data is inaccurate
For any requests as defined above, you may send your request to the following email address: email@example.com
Under certain jurisdictions and data protection laws, you may have the right to request details of your personal information which we hold about you or to request the correction or deletion of your personal information.
Please help us to ensure that the personal information that we hold about you is accurate and up to date. If you think that any personal information we have stored about you is incorrect or incomplete, please contact us at firstname.lastname@example.org.
The legal basis we rely on to process your personal data is in the European Union is the Regulation (EU) 2016/679 (General Data Protection Regulation).
You can contact our Data Protection Officer at email@example.com or via our postal address. Please mark the envelope “Data Protection Officer”.
kai commitment to your privacy
In order to ensure that your personal information is secure, we communicate our privacy and security guidelines to Kai employees and we strictly enforce safeguards within the Company.
Our postal address:
Kai OS Technologies (Hong Kong) Limited
12/F, 133 Wai Yip Street,
Kwun Tong, Kowloon,
For general contact please use this page of our website www.kaiostech.com.
All communications are examined and replies are issued where appropriate as soon as possible. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances.