Software Service
- These terms govern access to and use of our internet-based software services, features, and interfaces.
- Service details, subscription scope, and commercial terms are defined in the applicable order or plan.
- We may update service terms from time to time, with updates effective when published or notified.
Use of Service
- Customer data remains the customer's property. You grant us limited rights to process data to deliver and improve the service.
- You are responsible for account security, lawful use, and actions by authorized users under your account.
- You must not misuse the service, attempt unauthorized access, reverse engineer, or use it for unlawful or abusive messaging.
- Third-party integrations may affect feature availability; temporary third-party outages may occur outside our control.
Disclaimer of Warranty and Support Services
- The service is provided on an as-is and as-available basis, except where specific warranties are expressly stated.
- We do not guarantee uninterrupted or error-free operation and are not responsible for internet or third-party network limitations.
- You are responsible for complying with applicable communication and messaging regulations for your use cases.
Payment
- Fees are payable per the selected plan, order, or invoice terms, including applicable taxes.
- If payment instruments fail, expire, or become invalid, service may be suspended until payment details are corrected.
- Paid-term quantities and commitments are governed by your active commercial agreement.
Mutual Confidentiality
- Each party must protect the other party's confidential information with at least reasonable care.
- Confidential data may be used only for contract performance and shared only with authorized personnel.
- Exceptions include information already public, independently developed, or lawfully received without restriction.
Property
- We retain ownership of the platform, software, documentation, and related intellectual property.
- No ownership rights are transferred to customers except limited usage rights under these terms.
- Customer retains ownership of customer data and content uploaded to the platform.
Term and Termination
- These terms remain active during the subscription or service period.
- Either party may terminate for material breach, non-payment, or as otherwise provided in the order terms.
- Upon termination, access may end and data handling will follow the retention and deletion policy in effect.
Liability Limit
- To the extent permitted by law, indirect, incidental, or consequential damages are excluded.
- Total liability is limited to the amount paid for services during the agreed claim period unless law requires otherwise.
Indemnification for Third-party Claims
- Each party may be responsible for third-party claims arising from its own breach, unlawful conduct, or misuse.
- Defense and settlement obligations are subject to prompt notice and reasonable cooperation by the other party.
Governing Law and Forum
- These terms are governed by applicable laws stated in your commercial agreement.
- Dispute resolution forum, jurisdiction, and arbitration provisions are as defined in the governing contract terms.
Other Terms
- If any provision is unenforceable, remaining provisions continue in effect.
- Failure to enforce a provision is not a waiver of rights.
- For support or legal queries related to these terms, contact contact@kalamdigital.com.
