Terms of Service and Policy
This Terms of Service (hereinafter these Terms) is an agreement between you and Lognex, LLC doing business as Kladana (hereinafter Kladana), the owner and operator of the Kladana service (hereinafter the Service). By using the Service, you unconditionally accept to be legally bound by the terms of these Terms. If you do not agree to the terms of these Terms, do not use the Service.
Modifications in these Terms
Kladana reserves the right to modify the terms of these Terms at any time without notice to you, and you agree to be bound by such modifications. Your continued use of the Services after any such modifications shall constitute your consent to such changed terms. The most current version of the TOS at any given time is available at kladana.com/terms-of-service.
You must be of legal age to use the Service. During registration process you must provide your current, accurate and complete information required as part of the registration process and/or continued use of the Service. If Kladana has reasonable grounds that such information is inaccurate, outdated or incomplete, Kladana reserves the right to terminate your user account and refuse future use of the service at any time without notice. You are responsible for maintaining the confidentiality of your password and account with Kladana, and are responsible for all activities that occur thereunder.
Fees and Payments
The Service is available under subscription plans of various durations. Actual information about subscription plan options and fees is available at kladana.com. Kladana reserves the right to change subscription plans upon 30 days’ notice, which notice is deemed provided once posted by Kladana on kladana.com or via the Service itself.
Payments for subscription plans can be made by Visa or MasterCard credit cards.
Transactions will be processed by Cloudpayments payment processor.
After successful payment the subscription plan you selected on the Subscription page will be activated.
The payment service via the Internet is carried out in accordance with the Rules of Visa, MasterCard international payment systems on the principles of confidentiality and security of payment, which uses the most modern methods of verification, encryption and data transfer through closed communication channels. Bank card details are entered on the secure payment page Cloudpayments.
On the page for entering bank card data, you will need to enter credit card information: card number, card holder name, card expiration date, three-digit security code (CVV2 for VISA, CVC2 for MasterCard). All necessary data is printed on the card itself. A three-digit security code is the three digits on the back of the card.
Next, you will be redirected to your bank’s page to enter the security code that will come to you in SMS. If the security code has not arrived at you, then you should contact the bank that issued the card to you.
Kladana uses encryption to send payment information to a third-party payment processor and does not store credit card information.
Refunds for inactivated accounts may be requested for yearly plans only. A prorated amount will be refunded for the remainder of the pre-paid period.
Refunds for erroneous payments may be requested. In this case, the total amount of erroneous payments will be returned.
You can request a refund by sending an email to firstname.lastname@example.org providing proof of payment (electronic receipt or credit card statement). The refund will be sent to the card used to make payment. It may take up to 30 days to process a refund request.
All fees may be exclusive of any taxes that may be levied on the subscription.
Kladana collects personally identifiable information (including name, email, communications) to provide and operate the Service.
Kladana may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about the Service, or as otherwise necessary to contact you to enforce the Terms of Service, applicable national laws, and any agreements Kladana may have with you. For these purposes Kladana may contact you via email, telephone, text messages, and postal mail.
Kladana takes appropriate and reasonable technical and organizational measures to protect personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the personal Information. If you don’t want Kladana to process your data anymore, contact Kladana at email@example.com.
Kladana reserves the right to terminate user accounts on a free plan that are inactive for a continuous period of at least 6 months. In the event of such termination, all data associated with such user account will be deleted and you will not have access to your account or any files, information and/or other content contained in your account.
Intellectual Property Rights
You acknowledge that all the intellectual property rights in the Service are owned by Kladana and such rights are protected by intellectual property rights and laws. You agree that you will not reproduce, modify, publish, transmit, distribute, sell, or create derivative works based on the Service.
Restriction on Use
You agree that you will use the Service only in compliance with all applicable local, state, national and international laws, rules and regulations. You shall not: (i) use the Service to violate any applicable local, state, national or international law; (ii) duplicate, reproduce, decompile, reverse engineer, disassemble or exploit any part of the Service without the express written permission of Kladana; (iii) resell, rent, lease, lend, redistribute or sublicense the Service in whole or in part; (iv) transfer the Service or otherwise make it available to any third party; (v) use the Service in any manner that could damage, disable, overload, impair or harm any server, network, computer system, resource of Kladana.
Kladana reserves the right to terminate your user account and refuse future use of the service at any time without notice if there are reasonable grounds to believe that you have failed to meet the requirements listed in this section.
You understand and agree that you use the Service at your own risk. Kladana makes no warranty that the Service will meet your requirements or expectations, be timely, uninterrupted or error-free. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of Liability
You understand and agree that in no event Kladana shall be liable for any 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 Kladana has been advised of the possibility of such damages), resulting from your usage of the Service. If, notwithstanding the foregoing, Kladana should be found liable for any loss or damage which arises out of or is in any way connected with the Service, you agree that such liability shall in no event exceed the value of the monthly subscription for the Service.
You agree to indemnify and hold harmless Kladana, its officers, directors, employees and affiliates from and against any third party claim arising from or in any way related to your use of the Service, including any and all liabilities, costs or expenses (including without limitation litigation costs and attorneys’ fees) arising from any claims, losses, damages (actual or consequential), suits or judgments of any kind or nature.
These Terms and the relationship between you and Kladana shall be governed by the laws of the United States of America and Delaware courts will have exclusive jurisdiction over any dispute.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall continue in full force and effect.
End of Terms of Service
If you have any questions regarding these Terms, please contact
Kladana at firstname.lastname@example.org.