By using the KML Digital website, all services you are agreeing to be bound by the following terms and conditions.
KML Digital reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service here.
Violation of any of the terms below will result in the termination of your Account. While KML Digital prohibits such conduct and Content on the Service, you understand and agree that KML Digital cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Payments and Refund Terms
A valid credit card or PayPal account is required. There will be no refunds or credits for app build or setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Payments made within Australia shall be considered to have included GST in the price.
KML Digital will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however, there are no refunds under any circumstances.
Cancellation and Terminations
You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to firstname.lastname@example.org.
Cancellations by phone or sent to any other email address will not be considered valid.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled.
If you cancel the Service before the end of your current paid-up year, your cancellation will take effect immediately and you will not be charged again for the following year.
KML Digital, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other KML Digital service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
KML Digital reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
KML Digital reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
KML Digital shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
From time to time, KML Digital may issue an update to the KML Digital application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although KML Digital will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the KML Digital application to create your mobile application, you agree to allow others to view and share your Content.
KML Digital does not pre-screen Content, but KML Digital and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service are copyright 2021 KML Digital – All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from KML Digital.
KML Digital may make certain software available to you through the Service. If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, “Software”) are deemed to be licensed to you by KML Digital, for your personal and non-commercial use only. KML Digital does not transfer either the title or the intellectual property rights to the Software, and KML Digital retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form.
You grant KML Digital a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting KML Digital, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of KML Digital, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.
When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of the intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
All KML Digital content included on its site, its Software, and through the Service is the property of KML Digital and is protected by Australian and international intellectual property laws.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only available via email. The technical support email address is email@example.com. You authorize the Company to use, reuse, and to grant others the right to use and reuse your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service.
You understand that KML Digital uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service or any other KML Digital.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by KML Digital.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any KML Digital customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited emails, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.
KML Digital does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that KML Digital shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if KML Digital has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of KML Digital to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and KML Digital and govern your use of the Service, superseding any prior agreements between you and KML Digital (including, but not limited to, any prior versions of the Terms of Service).
In no event shall KML Digitals’ liability to you exceed the amount actually paid to KML Digital by you during the preceding 12 months.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.