Terms of Use

These Terms of Use ("Terms") govern your access to and use of the services provided by Kit19 ( a product of Pel Softlabs Private Limited), herein after referred to as "Kit19" or "Company", including any software, websites, applications, and content offered by Kit19 (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

Access to Services

• Eligibility: You must be at least 18 years old and have the legal capacity to enter into agreements to use the Services.
• Registration: To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Kit19 immediately of any unauthorized use of your account or any other breach of security.

Use of Services

• License: Subject to these Terms, Kit19 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
• Prohibited Conduct: You agree not to:
  1. Use the Services for any illegal or unauthorized purpose;
  2. Interfere with or disrupt the operation of the Services or servers or networks connected to the Services;
  3. Reverse engineer, decompile, or disassemble any software or technology used to provide the Services;
  4. Use the Services in any manner that could damage, disable, overburden, or impair the Services;
  5. Use any robot, spider, scraper, or other automated means to access the Services without Kit19's prior written consent.
• Compliance: You agree to comply with all applicable laws, regulations, and third-party agreements related to your use of the Services.

Intellectual Property

• Ownership: Kit19 retains all right, title, and interest in and to the Services and all related intellectual property rights.
• Feedback: You may choose to provide Kit19 with feedback, suggestions, or other input regarding the Services ("Feedback"). You agree that Kit19 may freely use, modify, and incorporate such Feedback into the Services without any obligation to you.

Fees and Payment

• Subscription Fees: Certain features of the Services may require payment of subscription fees. You agree to pay all fees associated with your use of such features in accordance with Kit19's pricing and payment terms.
• Payment Method: You agree to provide Kit19 with valid and updated payment information and authorize Kit19 to charge your designated payment method for all applicable fees.
• Taxes: All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, excluding taxes based on Kit19's net income.
• Consumable Services: Apart from the subscription fee, various consumable services can be utilized within the software or using APIs. These services are chargeable and their cost is not included in the subscription fee. You agree to pay for these services as per their cost at the time of usage. Many of the services require you to load an amount in your digital wallet. Please note that the services will be charged on submission basis. Most of these services are purchased by the company on prepaid basis, hence all purchases for consumable services and all amounts loaded in the wallet are non-refundable. The refunds, if any, are loaded back into the wallet from where they can be reused for consumable services within the software. If you face any problem, do write to us at contactus@kit19.com and we shall try our best to resolve it at the earliest.

Term and Termination

• Term: These Terms will remain in effect until terminated in accordance with this Section 5.
• Termination: Kit19 may suspend or terminate your access to the Services at any time, with or without cause, and without prior notice.
• Effect of Termination: Upon termination of these Terms, your license to use the Services will immediately cease, and you must cease all use of the Services.

Disclaimer of Warranties

• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIT19 DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

• IN NO EVENT WILL KIT19 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF USE, OR INTERRUPTION OF BUSINESS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF KIT19 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

• You agree to indemnify, defend, and hold harmless Kit19 and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Services or your breach of these Terms.

Governing Law and Dispute Resolution

• These Terms and any disputes arising out of or in connection with these Terms will be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof will be settled by arbitration in accordance with the rules of [Arbitration Organization], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Third-Party Services

• Our SaaS platform may integrate with various third-party services to provide additional features or functionalities ("Third-Party Services"). By utilizing these Third-Party Services, you acknowledge and agree to comply with their respective terms and conditions, as well as any additional requirements specified by the third-party service provider. These requirements may include but are not limited to the submission of Know Your Customer (KYC) documents, business verification, or other documentation.
• You understand and accept that our role is strictly limited to facilitating the integration between you and the Third-Party Services. We do not control or assume responsibility for the performance, availability, or compliance of these Third-Party Services with applicable laws and regulations. Additionally, we do not guarantee the accuracy, reliability, or suitability of the Third-Party Services for your specific needs.
• You acknowledge that certain Third-Party Services may require you to undergo a verification process or submit additional documentation to access their features or functionalities. It is your responsibility to provide accurate and complete information as requested by the third-party service provider. Failure to comply with their requirements may result in limited access to the integrated features or services.
• Furthermore, you agree that we shall not be liable for any damages, losses, or disputes arising from your use of Third-Party Services, including but not limited to financial transactions, data breaches, or any other interactions with third-party service providers.
• Example 1: WhatsApp Business API Kit19 provides WhatsApp Business API integration within its platform to facilitate enhanced communication capabilities for users. However, the WhatsApp API is governed by Facebook's Terms and Conditions, which may require businesses to complete business verification and adhere to display name guidelines. Kit19 disclaims any responsibility for Facebook's actions, including account restrictions or termination. Example 2: SMS If you intend to send SMS through our application(s) to Indian mobiles, you must comply with regulations set forth by the Telecom Regulatory Authority of India (TRAI). This may include registering with the Distributed Ledger Technology (DLT) platform and adhering to SMS communication policies. We disclaim any liability for violations of TRAI regulations related to SMS usage and reserve the right to terminate accounts found in violation.

Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Kit19 regarding your use of the Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings between you and Kit19.
• WaiverThe failure of Kit19 to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
• Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be enforced to the fullest extent permitted by applicable law, and the remaining provisions of these Terms will remain in full force and effect.
• Additional Terms: In addition to the terms outlined herein, there may be additional terms and conditions specified in your invoice, service agreement, or service contract ("Additional Terms"). These Additional Terms are considered extensions of these terms of use and should be interpreted and adhered to in the same spirit. By accepting these terms of use, you acknowledge and agree to be bound by any Additional Terms provided to you in connection with the use of our platform. In the event of any conflict or inconsistency between these terms of use and any Additional Terms, the Additional Terms shall prevail to the extent of such conflict or inconsistency. Kit19 reserves the right to update, modify, or amend these terms of use and any Additional Terms at any time without prior notice. It is your responsibility to review these terms periodically for changes. Your continued use of our SaaS platform after the posting of any updates or modifications constitutes acceptance of such changes.