TERMS OF USE

Please read KLG Smartec account terms of use (the "Terms") carefully. This is a legally binding agreement between KLG Smartec Inc. (KLG Smartec) and you. By agreeing to and using KLG Smartec Account (collectively referred to as "Services"), you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use KLG Smartec Account and any feature that requires a KLG Smartec Account. You must immediately discontinue your use of the Services if you do not agree to the Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. If your organization has a separate contract in effect with us, the Terms of that contract will govern your use of the Services.

Requirements
  1. KLG Smartec Account and its accompanying services are only available to individuals aged thirteen (13) years or older, or the equivalent minimum age in the relevant jurisdiction. KLG Smartec Account does not contain functionality intended to be utilized by children. KLG Smartec does not knowingly collect or use information collected from children unless explicit consent is given by parents or legal guardians.
  2. You must not be barred from receiving the Services under the laws of the United States or other applicable jurisdictions, including your country of residence and of usage.
  3. You agree to not provide false, inaccurate, or misleading information to KLG Smartec.
Your Use

You are solely responsible for your information and your account and any transmissions made when using the Services. Your use of the Services is subject to these Terms and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including but not limited to those of governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising).

When using any of the Services you hereby agree:

  • To comply with all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including but not limited to those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Not to use the Services to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component
  • Not to use the Services for any illegal purposes
  • Not to use the Services to interfere or disrupt any other networks connected to the Service
  • Not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
  • Not to use the Services to engage in activities that may violate the privacy of others

In connection with your use of the Services, KLG Smartec may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

If you violate these Terms, we may stop providing Services to you and may elect to close your KLG Smartec Account. We may also prevent or stop communications to and from the Services. If an investigation is required to determine violations of these Terms, KLG Smartec reserves the right to review your usage history on the Services.

Your Account

You may need to create a KLG Smartec Account in order to use some of our features or services. You will continue to require access to your KLG Smartec Account in order to receive important communications from us. You are entirely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You agree to notify KLG Smartec immediately of any unauthorized use of your account or password, or any other breaches of security. KLG Smartec cannot and will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by KLG Smartec or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the explicit permission of the account holder.

Features and Services

  1. Device and License Management

    You may be required to register your KLG Smartec device with your KLG Smartec Account in order to obtain licensing or other Services. If you do not agree to register your device, KLG Smartec may be unable to provide you certain services such as licenses, QuickConnect and KLG Smartec DDNS service, and Technical Support.

  2. QuickConnect and Dynamic Domain Name Service (DDNS)

    Users who wish to use this service must register their KLG Smartec device to a KLG Smartec Account. KLG Smartec is unable to guarantee that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name was available at one point in time. You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly to be used, infringes upon the legal rights of a third party. You also agree that you will not use the registered domain name for illegal purposes.

    KLG Smartec, in its sole discretion, reserves the right to reject, cancel, suspend, transfer, or modify any domain name registration to correct a mistake, protect the integrity and stability of the Services or any applicable registry, and to comply with any applicable laws, government rules, or requirements. KLG Smartec also retains these rights when, at the requests of law enforcement, legal disputes, or to avoid any liability, both civil or criminal.

  3. Technical Support

    Your KLG Smartec Account provides a way to track support tickets. Submit, view ticket status, communicate with KLG Smartec Support Team, view technical support service history in one self-service portal. During troubleshooting, KLG Smartec may request additional information that is required to resolve the matter.

    KLG Smartec will determine on a case-by-case basis on which support tickets constitutes as a reasonable request. KLG Smartec may, at our discretion, reject problems or issues that may arise out of using KLG Smartec devices in an unsupported manner or environment, on KLG Smartec devices that have exceeded their warranty, or when the source of the problem or issue is not attributable to the KLG Smartec device. KLG Smartec will make reasonable effort to resolve a support ticket in a reasonable amount of time. KLG Smartec does not guarantee a specific response time unless otherwise stated.

    When you seek support services, you should cooperate with KLG Smartec, provide all necessary information to assist KLG Smartec in diagnosing the problem, and carry out a complete data backup and disaster recovery plan in advance; if files are lost or altered during the technical support process, you are responsible for the files restoration and rebuilding work yourself.

    KLG Smartec and its authorized agents are not liable to you for any direct, indirect, special, or consequential damages arising out of technical support, whether attributable or not. The damages referred to above include, but are not limited to, loss of profits, loss of data, loss of use of equipment or facilities, and damages arising from business interruption, whether or not KLG Smartec and its authorized agents have been advised of the possibility of such damages.

  4. Payment Services

    If you need to make payment on spare parts, support service charges, or event registration fees, you may conduct the process in KLG Smartec Account. By doing so, you acknowledge that your payment method may require us to send your charges to a third party, such as a payment processor.

    The fee excludes all taxes and other charges as stated with the purchased item or service (such as VAT, sale tax, and etc.) unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you and all other charges to be incurred. Any currency exchange settlements are based on your contract with your payment method provider.

    KLG Smartec reserves the right to deny any transaction. Please contact KLG Smartec Technical Support for issues related to refunds or suspected fraudulent usage.

  5. Log-In Services

    KLG Smartec Account may be utilized to provide sign-in capabilities to other KLG Smartec devices or services. For more information, you should refer to the Privacy Statement or additional Terms of Service or equivalent documentation.

Privacy

KLG Smartec's Privacy Policy explains how KLG Smartec treats your personal data and protects your privacy when you use the Services. By using the Services, you agree that KLG Smartec can use such data in accordance with our privacy policies.

KLG Smartec uses Google reCAPTCHA to protect your submission via internet submission forms on our Services. Google reCAPTCHA checks if you are a person in order to prevent certain website functions from being abused by spambots. Google reCAPTCHA collects IP addresses and possibly other data required by Google to evaluate your use of these Services. The IP address provided by you shall not be merged with any other data held by Google.

KLG Smartec uses Google Analytics cookies to help us better understand how visitors use our Services. These cookies collect information in the aggregate to give us insight into how our website being used. We anonymize IP addresses in Google Analytics, and Google will not associate the anonymized IP address with any other data held by Google.

For more information regarding Google reCAPTCHA and Google Analytics, please refer to KLG Smartec's Cookie Policy.

Intellectual Property

Other than the limited rights and licenses expressly set forth in this Agreement, KLG Smartec reserves all rights, titles, and interest (including all intellectual property and proprietary rights) in and to the Services and any other technology and software that KLG Smartec provides or uses to provide the Service. You do not, by virtue of this Term or otherwise, acquire any ownership interest or rights in the Services or such other technology and software, except for the limited use and access rights described in this Term.

These Terms do not grant you the right to use any intellectual property, including branding or logos used in the Services. Don't remove, obscure, or alter any legal notices or logos displayed in or along with the Services.

Modifying and Terminating our Services

KLG Smartec is constantly changing and improving the Services. KLG Smartec may add or remove functionalities or features, and may suspend or stop a Service altogether.

You can stop using the Services at any time. KLG Smartec may also stop providing Services to you, or add/create new limits to the Services at any time.

If KLG Smartec discontinues specific Services, when feasible, KLG Smartec will give you reasonable advance notice.

Business Uses of the Services

If you are using our Services on behalf of a business, that business accepts and is legally bound by these terms. It will hold harmless and indemnify KLG Smartec and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees.

About these Terms

KLG Smartec may modify these terms or any additional terms that apply to the Services, for example, reflect changes to the law or changes to the Services. It is recommended to look at the terms regularly. KLG Smartec will post notice of modifications to these terms on this page. However, changes addressing new functions for Services or changes made for legal reasons may be made effective immediately. If you do not agree to the modified terms for a Services, you should discontinue your use of that Services.

If you do not comply with these terms, and KLG Smartec doesn't take action right away, this doesn't mean that KLG Smartec is giving up any rights that KLG Smartec may have (such as taking action in the future).

Indemnification

You agree to defend, indemnify, and hold harmless KLG Smartec, its affiliated companies and their independent contractors, service providers and consultants, and their respective directors, employees, and agents, from and against any actual or threatened suit, demand, claim, or action and any damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any KLG Smartec Account use, storing, or otherwise transmitting content on or through the Services, your conduct with respect to the Services, your violation of these Terms or your violation of the rights of any third party.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY KLG Smartec, THE SERVICES, THE SERVICES CONTAINED THEREIN AND PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KLG Smartec AND ITS AFFILIATED COMPANIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, THE INFORMATION, CONTENT, AND ALL OTHER MATERIALS IN THE SERVICES. NEITHER KLG Smartec NOR ITS AFFILIATED COMPANIES REPRESENT OR WARRANT THAT MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL KLG Smartec, ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, OR THE CONTENT (INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY CONTENT) CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM KLG Smartec OR ITS AFFILIATED COMPANIES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KLG Smartec'S RECORDS, PROGRAMS OR SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KLG Smartec OR ITS AFFILIATED COMPANIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KLG Smartec OR ITS AFFILIATED COMPANIES FOR ACCESS TO OR USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.