Our Terms

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Where we provide project-based Services (such as the design, development, or marketing of a digital product), the specific scope, deliverables, timelines, fees, and payment terms will be set out in a separate proposal, statement of work, or order form agreed between us. In the event of a conflict between such a document and these Terms, the separate document will prevail for that engagement.

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). The Content and Marks are protected by copyright and trademark laws and various other intellectual property rights. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Client deliverables

Where we create custom deliverables for you as part of a paid engagement, ownership of, and the rights granted in, the final deliverables will be governed by the applicable proposal or statement of work. Unless otherwise agreed in writing, ownership of final deliverables transfers to you only upon our receipt of full payment. We retain ownership of any pre-existing materials, tools, frameworks, and know-how we use to produce the deliverables, and we may include non-confidential work in our portfolio and marketing unless you ask us in writing not to.

By using the Services, you represent and warrant that:

• all information you submit to us will be true, accurate, current, and complete;
• you have the legal capacity and you agree to comply with these Terms;
• you are not under the age of 18;
• you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted;
• you will not use the Services for any illegal or unauthorised purpose; and
• your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your use of the Services and refuse any and all current or future use of the Services (or any portion thereof).

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information;
• circumvent, disable, or otherwise interfere with security-related features of the Services;
• use any information obtained from the Services in order to harass, abuse, or harm another person;
• make improper use of our support services or submit false reports of abuse or misconduct;
• use the Services in a manner inconsistent with any applicable laws or regulations;
• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services;
• engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• attempt to bypass any measures of the Services designed to prevent or restrict access to the Services; and
• copy or adapt the Services' software, or decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, briefs, materials, or other information regarding the Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby represent and warrant that you own or otherwise control the rights to any Submissions you provide, and that such Submissions do not violate any third-party rights or applicable law.

The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, and other content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. Inclusion of, linking to, or permitting the use of any Third-Party Website or Content does not imply approval or endorsement by us. If you access any Third-Party Website or use any Third-Party Content, you do so at your own risk, and you should be aware that these Terms no longer govern.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Services are hosted and operated in the European Union. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the European Union, then through your continued use of the Services, you are transferring your data to the European Union, and you expressly consent to have your data transferred to and processed in the European Union.

These Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your access for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

These Terms are governed by and interpreted following the laws of Romania, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The courts of Romania shall have exclusive jurisdiction to settle any dispute arising from or relating to these Terms and your use of the Services, subject to any mandatory consumer protection rights that may entitle you to bring proceedings in the courts of your country of residence.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute"), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any proceedings. Such informal negotiations commence upon written notice from one person to the other. If we are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by the competent courts identified in the "Governing law" section above. Nothing in these Terms affects any statutory rights you may have as a consumer to rely on mandatory provisions of the law of the country in which you live.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services, and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, any personal injury or property damage resulting from your access to and use of the Services, or any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.

To the fullest extent permitted by applicable law, in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at contact@kyrodev.com or through the contact form on our website at kyrodev.com.