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KUMO™ END USER LICENCE AGREEMENT (“EULA”) AND TERMS AND CONDITIONS OF USAGE OF KUMO™ PRODUCT
This EULA constitutes a binding agreement between you and Gocloud Technologies (M) Sdn Bhd and its affiliates and subsidiaries as the proprietor and operator of KUMO™ PRODUCT which includes AOIKUMO™, KUMODENT™, KUMOVET™, KUMODOC™, KUMOSAN, KUMOBIZ and MeTIME WELLNESS (“KUMO™,” “we,” or “us”). “You” and “users” mean all visitors to the Service (defined below). You accept this EULA each time you access the Service. If you do not accept this EULA, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
We may revise this EULA at any time by posting an updated version, although we will endeavor to provide you with prior notice of any material changes to this EULA. You should visit this page periodically to review the most current EULA, because you are bound by them. Your continued use of the Service after a change to this EULA constitutes your binding acceptance of this EULA.
THIS EULA IS A GLOBAL AGREEMENT AND IS NOT SPECIFIC TO ANY PARTICULAR COUNTRY, STATE OR TERRITORY. IF YOU REGISTERED FOR THE SERVICE AS A CONSUMER WITHIN THE MEANING OF RELEVANT CONSUMER LEGISLATION IN YOUR COUNTRY, STATE OR TERRITORY, THEN DESPITE ANYTHING TO THE CONTRARY IN THIS EULA, NOTHING IN THIS EULA AFFECTS ANY NON-EXCLUDABLE STATUTORY RIGHTS OR REMEDIES THAT YOU MAY HAVE UNDER SUCH CONSUMER LEGISLATION; THIS EULA IS SUBJECT TO THOSE RIGHTS AND REMEDIES.
The “Service” means, KUMO™’s proprietary web-based software application accessible through the KUMO™ website located at https://*.aoikumo.com, and any other internet service or property under KUMO™’s partial or complete control. The Service offers an all-in-one business, clinic management system for the medical aesthetics, beauty, wellness, veterinary, primary care and specialist clinics and providers to manage their business operations such as managing customers, patients data, appointments, billings, inventories, employees and their commissions plus more. The Service provides a smart and efficient solution to the beauty, medical aesthetics, beauty, wellness, veterinary, primary care and specialist clinic industries.
Eligibility to Use the Service.
a. Children. No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
b. Representative of an organization. Because you are using the Service in connection with your relationship with a company, entity, or organization (collectively “Organization”), you represent and warrant that you are an employee, contractor or other individual associated with that Organization who is authorized to enter into this EULA and use the Service.
You acknowledge that the rights granted herein are conditional upon your timely payment of the subscription fee to KUMO™ or, as the case may be, payable to KUMO™’s distributor (the “Subscription Fee”) on the first day of every month and in any case, no later than the seventh day of every month, as notified by KUMO™ or its distributor as the case may be, in each case together with any/all applicable taxes or other duties or levies. We reserve the right to suspend or terminate your account and prevent access to the Service if you fail to pay your Subscription Fee within the stipulated time. In furtherance thereof, any access to the Service including any access to the data in your account pursuant to the subscription of the Service shall be only accessible to an active subscriber whereby payments are made promptly or where your account is not terminated or suspended. In the event that you fail to pay the necessary Subscription Fee, access to your account including any data stored shall be denied.
Storage of Data for an Inactive Account
In the event that your account remains inactive or in a suspended state for a period of one (1) month due to non-payment of Subscription Fees or suspension of your account/termination of your account due to breach by you, KUMO™ reserves the right to delete or remove all data stored in your account or under the Services provided to you without any reference to you. In such a case, KUMO™ shall not in any way be liable to you for any loss of data that you suffer.
You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Service.
You represent and warrant that the information you provide to KUMO™ upon the licensing of the Service and at all other times will be true, accurate, current, and complete.
a. Your Log-In Credentials. To use the Service, you will need to confirm your log-in credentials. You will have log-in information, including a log-in email and password, in connection with your account. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You will be responsible for all activity that occurs under your access credentials. You agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.
b. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify KUMO™ by e-mail at email@example.com. You will be solely responsible for the losses incurred by KUMO™ and others due to any unauthorized use of your account.
KUMO™ may communicate with you by email or through the Service. You may request that we provide notice of security breaches in writing. You represent and warrant that the information you provide to KUMO™ upon the licensing of the Service and at all other times will be true, accurate, current, and complete.
a. You agree to receive email from us at the email address you provided to us for customer service-related purposes, and to promote upcoming events and/or videos offered through the Service.
b. Electronic Notices. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
Content Ownership and Use
a. The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other KUMO™ content (collectively, “KUMO™ Content”). All KUMO™ Content and the compilation (meaning the collection, arrangement, and assembly) of all KUMO™ Content are the property of KUMO™ or its licensors and are protected under copyright, trademark, and other laws.
b. License to You. We authorize you, subject to this EULA, to (a) access and use the website, (b) access and use KUMO™ web application, (c) download, access, and use KUMO™ mobile application and (d) access and use all other KUMO™ Content solely for your personal use of the Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the KUMO™ Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original KUMO™ Content on any copy you make of the KUMO™ Content.
c. KUMO™ Marks. KUMO™, the KUMO™ logo, and other KUMO™ logos and product and service names are or may be trademarks of KUMO™ (the “KUMO™Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the KUMO™ Marks.
d. Your Content. Any data, media, messages and content that you make available through the Service or otherwise to KUMO™, and any other data, materials, or content that the App or the Service collects from you (“Your Content”), will be owned by your Organization. Your Organization, by your entering into this EULA, is deemed to have granted to us, during the term of the EULA, a limited, royalty-free, non-exclusive and non-transferable license to use, copy, reformat, create derivative works of, display, disclose and distribute Your Content for the purposes of providing and improving the Service and exercising our rights or performing our obligations under the Agreement.
Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Feedback”):
a. you hereby grant to us a worldwide, non-exclusive, irrevocable, perpetual, royalty- free and unlimited license to use the Feedback, whether written or oral, in any manner whatsoever;
b. we will not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and
c. we will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Limitations and Prohibitions
You agree to use the Service solely as intended through the provided functionality of the Service and as permitted under this EULA. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must comply with the following:
a. Unless expressly permitted in this EULA, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without KUMO™’s prior written authorization.
b. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine KUMO™ Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
c. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any KUMO™ Content available on or through the Service.
d. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any KUMO™ Content available on or through the Service, or any portion thereof, through any other application or website.
e. You agree not to provide any false personal information to KUMO™ or create a false identity or impersonate another person or entity in any way.
f. You agree not to create a new account with KUMO™, without KUMO™’s prior express written consent, if KUMO™ has previously disabled an account of yours.
g. You agree not to restrict, discourage or inhibit any person from using the Service.
h. You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
i. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
j. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
k. You agree not to violate any applicable federal, state or local laws or regulations or this EULA when using the Service, including by posting or submitting to the Service any content that infringes any third party intellectual property, violates the personal data of third parties or other right.
l. You agree not to use the Service to build a competitive product or service.
m. You agree not to post or submit through the Service any content that is or could be interpreted to be defamatory, libellous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by KUMO™ in its sole discretion.
n. You agree not to assist or permit any persons in engaging in any of the activities described above.
A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.
Terms of Usage of MeTIME Wellness
As part of the utilization of the Service, KUMO™ hereby provides to you access to utilize the MeTIME Wellness application which is an app based service (customer/patient booking app with over-the-app purchase with past historical transaction details). This supplementary service (“Supplementary Service”) is provided as part of the subscription to the Service whereupon your clients/customers (“The User”) will be able to access and download the MeTIME Wellness application available to both Android and IOS users to track any purchases and make bookings for services/products purchased directly with you.
The utilization of MeTIME Wellness shall be considered as part of the subscription to the Service and shall be mandatory for all subscribers of the Service. All references to the “Service” under this EULA shall include the Supplementary Service.
You have the right to manage and control information which is uploaded to the MeTIME Wellness portal pertaining to your business/service whereupon you agree to bear full responsibility and liability for any information that is uploaded on the MeTIME application.
You further agree to honor all bookings that the User have placed through MeTIME Wellness and shall further ensure that any cancellations, modifications and amendments to any bookings are clearly communicated to your clients and us to enable us to notify the User accordingly.
You shall ensure that the terms and conditions for all bookings and packages placed on MeTIME Wellness are clearly stated for the User and KUMO™ shall not be responsible in the event of any misrepresentation, misinterpretation or claims made pursuant to your terms and conditions or lack thereof on MeTIME Wellness.
You shall further ensure that all relevant permissions and approvals are given by the User for their personal information to be kept and utilized by KUMO™ for the purposes of utilization of the Service and Supplementary Services.
You shall ensure that all relevant approvals and permits are obtained with regards to any form of marketing, sales or placement of products and services on MeTIME Wellness and KUMO™ shall not be held responsible for any penalties, liabilities or damages incurred as a result of your failure to obtain the same. You hereby agree to indemnify KUMO™ for all cost incurred as a result of your breach under the terms hereof and this EULA.
You may cancel this EULA within ninety (90) days of the payment of License/Subscription Fee and you will no longer be able to use the Service from the date of your cancellation. No refunds are payable from your cancellation. Cancellations can be made by contacting our sales support team at email@example.com.
Consequences of Violating This EULA
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. KUMO™ may (but has no obligation to) review and remove any content you submit or post to the Service at any time for any reason.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this EULA and your use of the Service.
We may change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service, and we are not responsible for any disputes that you may have with your Organization or any other user.
a. Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the site or any feature, without notice or liability.
b. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any of the content of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
c. User Disputes. We are not responsible for any disputes or disagreements between you and your Organization or any other user you interact with when using the Service. You assume all risk associated with dealing with these third parties, and you release KUMO™ of all claims, demands, and damages in connection with these disputes. You also agree not to involve us in such disputes in any way. Use caution and common sense when using the Service.
DISCLAIMER OF WARRANTIES
You use the Service at your own risk. We make no warranties or guarantees.
Released Parties Defined. “Released Parties” include KUMO™ and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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 SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE ACCESS ON OR THROUGH THE SERVICE IS DOWNLOADED OR ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY SUCH MATERIAL.
LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY 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 KUMO™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) YOUR RELIANCE ON CONTENT MADE AVAILABLE ON THE SERVICE; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF KUMO™ CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED USD$100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on the Service, (ii) your use of or reliance on any KUMO™ Content, or (iii) your breach of this EULA. We will provide notice to you promptly of any such claim, suit, or proceeding.
You agree that the KUMO™ Content are proprietary to and the confidential information of KUMO™ and that all such information and any related communications (collectively, “Confidential Information”) are confidential and a fundamental and important trade secret of KUMO™. You shall disclose Confidential Information only to your employees who have a need to have access to Confidential Information and shall advise any recipients of Confidential Information that it is to be used only as expressly authorised in this EULA. You shall not disclose Confidential Information or otherwise make any Confidential Information available to any of your other employees or to any third parties without the express written consent of KUMO™. You agree to segregate, to the extent it can be reasonably done, the Confidential Information from other materials to prevent commingling. You shall take reasonable security measures, which measures shall be at least as great as the measures you use to keep your own confidential information secure (but in any
case using no less than a reasonable degree of care), to hold Confidential Information in strict confidence and safe custody. KUMO™ may request, in which case you agree to comply with, certain reasonable security measures as part of the use of the Service.
This clause shall not apply to any information that is in or comes into the public domain, or was in your lawful possession before receipt or which you developed independently and without breach of this clause. You further acknowledge that monetary damages may not be a sufficient remedy for unauthorised disclosure of Confidential Information, and that KUMO™ shall be entitled, without waiving any other rights or remedies, to such injunctive or other equitable relief as may be deemed proper by a court of competent jurisdiction.
This EULA constitutes the entire agreement between you and KUMO™ concerning your use of the Service, and supersedes any prior or contemporaneous terms, whether oral or written. Our failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this EULA remain in full force and effect.
The section titles and annotations in this EULA are for convenience only and have no legal or contractual effect.
Please also be informed that your personal data in our system shall be deleted after thirty (30) days of non-payment of our Subscription Fee and deactivation of your account as we strive to ensure that personal data is only processed for the minimum period necessary for our performance of our contractual obligations herein.
This EULA and the relationship between you and KUMO™ shall be governed by the laws of the country, state, or territory in which Service was purchased/subscribed in the event that the Service is packaged with any other product. If the Service is being licensed to you as a standalone product, this EULA is governed by the laws of Malaysia and you and KUMO™ agree to submit to the exclusive jurisdiction of the courts of Malaysia in any disputes relating to your use of the Service. You covenant not to sue KUMO™ in any other forum.
Capacity and Authority to Contract
You represent that you are of the legal age of majority in your state or country of residence and, if applicable, you are duly authorized by your employer to enter into this EULA.
This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA. Either party shall have the right to terminate this EULA for any reason whatsoever. In the event of termination of this EULA by the User, the User shall notify KUMO™ on such termination whereupon the User shall not use the EULA for any reason whatsoever for the date of such termination. Termination by KUMO™ will be effective upon (a) notice to You or (b) termination of Your Service Account (if any) or (c) at the time of KUMO™’s decision to discontinue offering and/or supporting the Services.
The Subscription Fee to be paid herein for the Service to KUMO™ shall be in full without any deductions for taxes whatsoever. The User hereby agrees to bear any taxes (including but not limited to withholding tax and or sales and services taxes) that are imposed on the Subscription Fee to be paid to KUMO™. The User hereby agrees to indemnify KUMO™ for any claims, losses, penalties that are incurred by KUMO™ as a result of non-payment of taxes by the User.
No failure or delay by KUMO™ (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by KUMO™ or by the User.
Changes/Amendments to EULA
KUMO™ reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located at the above right menu of your profile within the access of the system. The “EULA” will appear at the bottom of the listing. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 20 and must immediately uninstall the Service. Your continued use of the Service following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
KUMO™ may modify the Service for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Service. You agree that the Service may install or download the modifications automatically. You agree that KUMO™ may stop to support previous versions of the Service upon availability of an updated version. KUMO™ channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Service.
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