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Terms Of Service
KryptoPOS Developer Agreement
Last Updated: March 15, 2018
PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, ACCESSING OR USING THE KRYPTOPOS TECHNOLOGY OR SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE KRYPTOPOS TECHNOLOGY OR SERVICE.
You and KryptoPOS agree as follows:
- Limited License
a.License Grant. Unless otherwise agreed upon in writing, subject to the terms and conditions of this Agreement, KryptoPOS grants you a limited, non-exclusive, non-transferable and non-sublicensable license to (i) install and use the KryptoPOS Technology solely in your mobile application(s) (“Application”) that will access and use the Service to collect location data from a mobile device user (“Consumer”) and (ii) access and use the Service in order to enable KryptoPOS to provide Advertisements to Consumers. To provide the Service, you authorize KryptoPOS to access, index, store, and cache requests made from your Application to KryptoPOS including, without limitation, through automated means.
- Proprietary Rights
- Ownership. Other than the limited license expressly set forth in Section 1(a), you do not acquire any title or ownership rights in the KryptoPOS Technology, Site and Service and any related Intellectual Property Rights.
- Unauthorized Use. You will promptly notify KryptoPOS of any unauthorized use of the KryptoPOS Technology, Site or Service that comes to your attention.
You must be at least 18 years old to download, access or use the KryptoPOS Technology and the Service.
- Developer Obligations
You agree that the KryptoPOS Technology will enable the KryptoPOS network of third party advertisers (each, an “Advertiser”) and KryptoPOS to collect information from your Application and from Consumers’ mobile devices that access your Application
Compliance with Laws and Industry Standards. You represent and warrant that you comply with all applicable laws, regulations, and industry standards (including, but not limited to, any applicable privacy and security laws, regulations, and mobile and advertising industry standards) associated with your Application and any collection, use and disclosure of Consumer Data by you or any third party via your Application
- Compensation. Advertisers pay KryptoPOS based on certain events, including the display of an Advertisement, a user clicking on an Advertisement, or a user completing some action after viewing or clicking on an Advertisement (“Events“). KryptoPOS’s payment to you may be based on the payment KryptoPOS receives from Advertisers based upon the Events that are attributable to your Application. KryptoPOS will compile and calculate the data necessary to determine your compensation. KryptoPOS’s figures and calculations regarding your compensation will be final and binding.
Payment Schedule. KryptoPOS will pay you the amounts properly due and payable within sixty (60) days following the end of the applicable month in which it is earned or some other payment timeline that is mutually agreed.
Disputes. Any disputes over amounts due and payable by KryptoPOS to you must be made in writing within thirty (30) days after KryptoPOS makes the applicable payment to you.
You will defend, indemnify and hold harmless KryptoPOS, its affiliates, independent contractors, service providers and consultants, its and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) the Application, including violations of any third party terms or violations of any laws, regulations or industry best practices in the relevant jurisdictions; (b) your use of the KryptoPOS Technology, the Site or the Service; (c) your violation of any representations and warranties or any other term of this Agreement; or (d) your violation of any rights of a Consumer.
THE KRYPTOPOS TECHNOLOGY, THE SITE, THE ADVERTISEMENTS, AND THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. KRYPTOPOS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY, ACCURACY, TITLE AND NON-INFRINGEMENT AS TO THE KRYPTOPOS TECHNOLOGY, THE SERVICE AND THE SITE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. KRYPTOPOS DOES NOT REPRESENT OR WARRANT THAT THE KRYPTOPOS TECHNOLOGY, THE ADVERTISEMENTS, THE SERVICE OR THE SITE ARE ACCURATE, COMPLETE, RELIABLE, FREE OF VIRUSES OR HARMFUL COMPONENTS, CURRENT OR ERROR-FREE. YOUR USE OF THE KRYPTOPOS TECHNOLOGY, SERVICE OR THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR YOUR END-USERS’ COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
- Limitation of Liability
IN NO EVENT SHALL KRYPTOPOS, ITS AFFILIATES, INDEPENDENT CONTRACTORS, ADVERTISERS, SERVICE PROVIDERS, AND CONSULTANTS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY 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 KRYPTOPOS TECHNOLOGY, THE SERVICE, THE SITE, THE ADVERTISEMENTS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM KRYPTOPOS, 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 KRYPTOPOS’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KRYPTOPOS ITS AFFILIATES, ITS ADVERTISERS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS 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 KRYPTOPOS TECHNOLOGY OR TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS ($500 USD). THIS PROVISION MAY NOT APPLY TO NEW JERSEY RESIDENTS.
- Governing Law
The laws of the Republic of Singapore govern your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Termination by KryptoPOS. Notwithstanding any of the terms of this Agreement, KryptoPOS reserves the right, without notice and in its sole discretion, to (a) terminate your license to use the KryptoPOS Technology (b) block or prevent your future access to, and use of the KryptoPOS Technology. Your license to use the KryptoPOS Technology may also be terminated without notice and in KryptoPOS’s sole discretion if your right to use the Service or Site is cancelled or terminated or you are otherwise no longer registered to use the Service or Site. KryptoPOS may discontinue the KryptoPOS Technology at any time, in which case this Agreement shall terminate automatically without notice.
Termination by Developer. You may terminate this Agreement by ceasing use of the KryptoPOS Technology and deleting all copies of the KryptoPOS Technology, including any part of a SDK, in your possession or control.
Modification or Discontinuance by KryptoPOS. KryptoPOS reserves the right to modify or discontinue, temporarily or permanently, the KryptoPOS Technology or Service, or any features or portions thereof, without prior notice. You agree that KryptoPOS will not be liable for any modification, suspension or discontinuance of the KryptoPOS Technology or Service, or any part thereof.