Terms of Service of Kynetics.com

Last Updated: July 1, 2024

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“TERMS OF SERVICE”) CAREFULLY. BY ACCESSING OR USING THE KYNETICS, INC (“KYNETICS” OR “WE”) WEBSITE (THE “WEBSITE”), YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Kynetics and you may be referred to individually as a “Party” and collectively as the “Parties”.

PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY KYNETICS AT ITS SOLE DISCRETION AT ANY TIME. When changes are made, Kynetics will make a new copy of these Terms of Service available at www.kynetics.com/legal/terms-of-service. We will also update the “Last Updated” date at the top of this Terms of Service. Any changes to this Terms of Use will be effective immediately upon posting. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Service.

1. USE OF THE WEBSITE

1.1 License. Subject to your compliance with this Terms of Service, Kynetics grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes.

1.2 Restrictions. You agree that you will not, and will not assist or enable others to: (a) copy, reproduce, distribute, or create derivative works of the Website or its content; (b) use the Website for any unlawful purpose or in violation of any applicable law; (c) introduce any viruses, malware, or other harmful code; (d) attempt to gain unauthorized access to any portion of the Website or any Kynetics systems; (e) scrape, crawl, or otherwise harvest data from the Website; or (f) interfere with or disrupt the operation of the Website.

1.3 Third-Party Links. The Website may contain links to third-party websites or services. Kynetics is not responsible for the content, privacy practices, or terms of any third-party site.

2. INTELLECTUAL PROPERTY

As between you and Kynetics, Kynetics owns all rights, title, and interest in and to the Website and its content, including all text, graphics, logos, software, and documentation. This Terms of Service grants you no right, title, or interest in any Kynetics intellectual property.

3. PRIVACY

Your use of the Website is governed by Kynetics’ Privacy Policy, which describes how we collect, use, and process your personal data. By using the Website, you consent to the practices described in the Privacy Policy.

4. DISCLAIMER AND LIMITATION OF LIABILITY

4.1 Disclaimer. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. KYNETICS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KYNETICS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KYNETICS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. KYNETICS’ TOTAL LIABILITY FOR ANY CLAIMS UNDER THIS TERMS OF SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

5. DISPUTE RESOLUTION

Any dispute, claim, or controversy arising under or relating to this Terms of Service or your use of the Website (a “Dispute”) shall be governed by the substantive laws of the State of California, without regard to its conflict-of-laws principles. Any Dispute shall be resolved exclusively in the state or federal courts located in or nearest to Santa Clara County, California. Each party consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum or lack of personal jurisdiction.

6. GENERAL

6.1 Changes to Terms. Kynetics may modify these Terms of Service at any time. Changes are effective immediately upon posting. Your continued use of the Website after changes are posted constitutes your acceptance.

6.2 Severability. If any provision of this Terms of Use is held unenforceable, the remaining provisions shall remain in full force and effect.

6.3 Entire Agreement. This Terms of Service constitutes the entire agreement between you and Kynetics regarding your use of the Website.

6.4 Contact. If you have any questions about these Terms of Service, please contact us at legal@kynetics.com.