Terms of Service

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These Terms of Service (these “Terms”) are entered into by and between You and DriverVision, LLC (together with its affiliates, “Kalinda”, “us”, “our” and “we”). These Terms govern your access to and use of our website located at https://www.Kalinda.ai, all associated sites, and all other sites owned or managed by Kalinda (collectively, the “Sites”), including any products, content, functionality, and services we offer on or through the Sites and/or Kalinda’s web-based platforms (each, a “Platform”), including any applications or application plug-ins (“Platform Services”, and together with the Sites, the “Services”). Please read these Terms carefully before you start to use the Services. 

"Terms of Service” as posted on the https://www.kalinda.ai/ . These Terms will remain in effect for so long as you access or use the Services or have a user Account. Terms may be modified at any time in Kalinda’s sole discretion. Kalinda will submit invoices based on the standards outlined in this document. Invoices will be generated upon delivery of services. 

1. Definitions.  

Any terms not defined herein have the meaning given to them in the applicable Service Order Agreement.  

 “Access Credentials” means login information, passwords, security protocols, and policies through which Users access the Kalinda Platform and Services. 

“Agreement” means, collectively, these T&Cs, and including, but not limited to, all applicable Service Order Forms, exhibits, addenda, schedules, or appendices hereto. 

“Kalinda Platform” means the Kalinda platform-as-a-service environment that allows Users to access certain features and functions through a web interface, including all Documentation.  

“Customer Content” means (i) the data, information, and content uploaded or submitted to the Kalinda Platform by or on behalf of Customer, its affiliates, and its Users and (ii) the data, information, and content generated by Customer, its affiliates, and its Users in using the Services. 

“Confidential Information” means all information, whether in oral, written, or graphic, in non-tangible or electronic form disclosed by one party (the “Disclosing Party”) to the other (the “Recipient”), related to the business, products, services or operations of the Disclosing Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential, including, without limitation: (a) trade secrets, inventions, ideas, processes, computer source and object code, formulae, data, programs, other works of authorship, know-how, improvements, discoveries, developments, technology designs and techniques; (b) information regarding products, plans for research and development, marketing and business plans, customer lists, investor relationships, budgets, financial statements, contracts, customer relationships, prices, employees, suppliers and agents; (c) all intellectual property, whether or not applied for or granted, including but not limited to patents, copyrights, trademarks, and trade dress; and (d) information regarding the skills and compensation of the Disclosing Party’s employees, contractors, and other agents.  

“Documentation” means the documentation, user manuals, instructions, help files and videos, and other materials that describe the features, functions and operation of the Kalinda Platform and Services. 

“Documents” means all documents uploaded on the Kalinda Platform. For the purpose of counting Documents, each file shall count as one Document.  Even when the uploaded Documents are identical in file name or content, they will be considered as non-duplicates and are counted as separate Documents.   

“Service Order Agreement” means the document agreed upon by an authorized representative of each party that references these terms of service and identifies the Kalinda Platform and specific Service(s) to be provided, the Term of the Agreement, any special terms, and the fees to be paid. 

“Personal Information” means any information that identifies or that can be used to identify any specific individual and is protected under applicable privacy laws, rules and regulations. 

“Professional Services” means any professional services provided by Kalinda to customer as described in an Order Agreement including support and maintenance, and training services. 

“Services” means any services provided by Kalinda pursuant to this Agreement, and any other services described in a Service Order Agreement. 

“Service Capacity” means the number of pages of Documents that Kalinda and Customer agree can be uploaded to the Kalinda Platform. The Service Capacity is set forth in the applicable Service Order Agreement; if the Service Capacity is not set forth in the Order Agreement, it shall be set at Kalinda’s discretion. Kalinda may measure Service Capacity at any point during the applicable Term using this calculation: Pages of documents uploaded to the Kalinda platform at the beginning of the term plus the pages uploaded to the Kalinda Platform during the subsequent 12 calendar months. 

“Site” means Kalinda’s website at https://Kalinda.ai, any website linked from https://Kalinda.ai, and any other website that is owned or controlled by Kalinda and that provides access to the Kalinda Platform, including any subdomains.  

“Usage Data” means any diagnostic and usage-related information and data from the use, performance and operation of the Kalinda Platform and Services that may include, but is not limited to, usage patterns, traffic logs, and User engagement with the Kalinda Platform and Services. 

“User” means each of Customer’s and Customer’s Affiliates’ employees, representatives, consultants, or independent contractors who are provided with Access Credentials by Customer or at Customer’s direction. The number of Users who may be provided Access Credentials is set forth in the Service Order Agreement.  

“Usage Limits” means the number of pages of Documents that Kalinda and Customer agree as included in the monthly plan of use of Kalinda Platform. The Usage Limits are set forth in the applicable Service Order Agreement. 

2. ACCEPTANCE AND ELIGIBILITY. 

By using the Services in any way or creating a User Account (as defined below), you accept and agree to be legally bound and abide by these Terms. These Terms will remain in effect for so long as you access or use the Services or have a User Account (as defined below) and may be modified at any time in Kalinda’s sole discretion. If at any time you find these Terms unacceptable or if you do not agree to these Terms, you must immediately discontinue any use of the Services. By continuing to access or use the Services after any changes have been made, you signify your agreement to the modified Terms. You agree that any disputes or claims arising out of or relating to these terms, or your use of the services provided by Kalinda, will be resolved through binding individual arbitration, rather than in court. This means that you are waiving your right to participate in a class action lawsuit or class-wide arbitration. You must be at least 18 years old to access or use the Services. If you are under 18 years old, you are not permitted to and must not access or use the Services. By accessing or using the Services you represent and warrant that you are an individual of legal age to form a binding contract with Kalinda and meet all the foregoing eligibility requirements. References to a “User” in these Terms means an individual who is an eligible user of any of the Services. 

3. Data Security and Privacy  

3.1 Data Protection: Kalinda will implement reasonable measures to protect Customer Data from unauthorized access, use, or disclosure. 

3.2 Data Access: Kalinda may access Customer Data only as necessary to provide the Service, comply with legal obligations, or resolve technical issues. 

3.3 Data Backup: Kalinda does not perform backups of Customer Data. The customer is responsible for maintaining its own backups of critical data and output files.  

3.4 Data Deletion: Upon termination of this Agreement, Kalinda will delete or return Customer Data as per Customer's instructions. 

3.5 Privacy Policy:  Any personal data that you provide to Kainda platform in connection with your access to and use of the Services will be subject to Kalinda’s Privacy Policy, which also governs Kalinda’s use of such personal data. The Privacy Policy is incorporated by reference into the Terms, and by accepting these Terms, you acknowledge that you have read and understand the terms of the Privacy Policy.  To the extent you are a User of the Platform Services, any personal data that is provided to us by you in your capacity as a User of the Platform Services, or by or through a Kalinda’s customer in connection with a Service order Agreement, may, instead or also, be subject to the terms and conditions of such Customer Agreement. In the event that you provide any personal information about or on behalf of another person or entity in connection with the Services or your use thereof, you hereby represent and warrant that you have obtained all right, permission, authority and consent required under Applicable Law to provide this personal information to Kalinda and allow Kalinda to use, handle and share this personal information in the manner set forth in our Privacy Policy. In addition to Kalinda’s use of personal data in accordance with our Privacy Policy, Kalinda may collect other categories of data from you based on your use of the Services including on an aggregated and anonymized basis, for its internal use in connection with providing, maintaining, supporting and/or improving its products and services. These Terms include provisions in this document. Additionally, your access to or use of certain Services may also be subjected to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by accessing or using any such Services, you agree to comply with such Additional Terms. If you are accessing the Platform Services with the permission of one of our customers via that customer’s written agreement with Kalinda (a “Service Order Agreement”), your use of the Platform Services is governed by that Service Order Agreement.  These Terms are not intended to modify the terms of any Customer Agreement, and do not give you the right to enforce the terms of any Customer Agreement against Kalinda in your capacity as an individual User.  

 4. User Accounts. 

4.1 Creating a User Account. You may be required to create, or you may be assigned, a unique user account (a “User Account”) and accompanying account credentials (the “User Credentials”) in order to access or use the Platform’s Services. If you are assigned or create a User Account, you may be required to provide Kalinda with certain information, such as your contact information. You agree to provide truthful, accurate, and complete information about yourself in connection with the creation of your User Account, and to update information related to your User Account if it changes at any time during your use of the Platform Services. 

4.2 Securing Your User Credentials and User Account.  

You may not share your User Credentials or permit any other person to access the Platform Services through your User Account. You understand that you are responsible for maintaining the security of your User Credentials and User Account, and for any activity associated with your User Account, including any losses or liability incurred if you fail to protect the security of your User Credentials or User Account. As a result, you agree to take reasonable measures to secure your User Credentials and to prevent unauthorized access to your User Account. If you become aware of or suspect the unauthorized access to or use of your User Credentials or access to or use of your User Account, please contact contact@kalinda.ai immediately. We are not liable for any harm related to any authorized or unauthorized access to or use of your User Credentials. 

4.3: Customer Responsibilities: Customer agrees to comply with all applicable laws and regulations in connection with the use of the Service. Customers agree not to use the Service for any illegal or unauthorized purposes, including but not limited to spamming, distributing malware, or infringing on the intellectual property rights of others. 

4.4 Fees: Customer agrees to pay the fees according to the rate agreed upon with Kalinda representative. Payment shall be due immediately on the invoice. Invoices which remain unpaid seven (7) days after they are due shall be terminated and any associated services including any data stored on the service will be wiped out. Expenses (e.g. credit card transaction fee) shall be included on an invoice only to the extent that the actual amount of Expenses is known to Kalinda at the time the invoice is issued, and Expenses for which an actual amount is not known to Kalinda at the time an invoice is issued may be estimated on the current invoice or be included on subsequent invoices. Customers are responsible for paying all taxes and fees imposed by governments or governmental entities. Customer's obligation to pay Fees or Expenses shall survive the termination of this Agreement for any reason whatsoever.  Late Fees may incur a late fee of 9% per month or the maximum amount permitted by law. 

4.5 Reasonable Use Policy: Kalinda encourages customers to make full use of Kalinda services to understand how Kalinda can benefit their business. However, Kalinda reserves the right to prevent or stop any customer’s use of Kalinda services that appears to be abusive or is unduly burdensome. 

5. Ownership:  

You understand and agree that as between you and Kalinda, Kalinda owns all intellectual property rights or other right, title, or interest in or to the Services, including, but not limited to: (i) the Sites and all content included on the Sites, including images, illustrations, designs, icons, photographs, video clips and written and other materials displayed or performed or available on or through the Sites (together, “Site Content”), (ii) the Platforms, the software component of the Platform Services, and all and end-user software documentation relating to the Platform Services provided by Kalinda to you either electronically or in hard copy form relating to the Platform Services (the “Documentation”), (iii) all contents, including images, illustrations, designs, icons, photographs, video clips and written and other materials displayed or performed or available on or through a Third-Party Product (as defined below) (together, “Third-Party Hosted Content”), (iv) any suggestions, comments, questions, recommendations or other feedback relating to the Services that you provide (“Feedback”), (v) certain Service account and usage data and (vi) any and all proprietary technology, algorithms, code, scripts, routines, user interface designs, architecture, class libraries, network designs, know-how, trade secrets, proprietary technology, feature or product names, logos, trademarks, service marks, and trade names (other than those provided by Customers, the “Kalinda Marks”) or other intellectual property in connection with the foregoing (collectively, the “Kalinda Property”).  You may not copy, reproduce, republish, download, upload, post, display, transmit, or distribute in any way any of the Kalinda Property, and nothing on the Sites or Platforms may be construed to confer any license to any Kalinda Property or to use or exploit the Kalinda Property in any manner whatsoever without the prior consent of Kalinda or as set out in a Customer Agreement. Any rights not expressly granted herein are reserved by Kalinda. 

6. Access to the services and downloadable content  

6.1: General Restrictions: You will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Services or any portion of the Services, nor will you take any action to interfere with or damage the Services or any other User’s use of or access to the Services. Copying or modifying any Kalinda Property or using the Kalinda Property for any purpose other than your personal, non-commercial use is prohibited unless otherwise explicitly provided in these Terms. All rights not expressly granted in these Terms are reserved. Certain platform Content is available to be downloaded by Users (the “Downloadable Content”). Kalinda hereby grants you permission to download, view, copy and print the Downloadable Content. You understand and acknowledge that the Downloadable Content does not constitute legal, financial, investment, tax, accounting, regulatory, compliance, or other similar professional advice and should not be used for any other purpose but your personal, informational, and non-commercial use. The Downloadable Content may not be modified or altered in any way, including the removal or alteration of any copyright and trademark notice. Any unauthorized use of any Downloadable Materials contained on the Sites or Platforms may constitute a violation of copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes. 

6.2 Access through API (Application program interface) : Partner who is the Company accessing Kalinda services through an API may not use the API to develop or enhance products or services that directly compete with Kalinda's offerings. They agree not to use the API to scrape, aggregate, or otherwise collect data in bulk without prior written consent from Kalinda. Automated tools or scripts used to collect data through the API are strictly prohibited. Users are restricted to a maximum of [X] API calls per [time period]. Any usage beyond this limit may result in throttling, additional charges, or suspension of access. Repeated excessive use of the API may lead to termination of your account. They may not attempt to access the API or its data through unauthorized methods, including but not limited to brute-forcing API keys, exploiting security vulnerabilities, or engaging in any activities that bypass security measures. Any attempt to do so will result in the immediate suspension of access and legal action. Kalinda reserves the right to monitor API usage and take corrective action if misuse is detected. Partners are solely responsible for maintaining their confidentiality of their API keys and access credentials. Sharing or distributing API keys to unauthorized third parties will result in the suspension or termination of access. They are responsible for ensuring that any third-party applications, services, or integrations that access the API through your account comply with these terms. They may not use the API in any application that promotes illegal, harmful, or unethical activities." 

6.2: End User Content Restrictions.  Kalinda may provide the ability for Users to post or transmit content, including, but not limited to any writings, files, photos, reviews, documents, pictures, or other materials (collectively, “End User Content”), through the Sites. You are solely responsible for the End User Content that you post or transmit through the Sites, and you agree that no End User Content that you post or transmit through the Sites: (i) infringes anyone’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (ii) is in violation of any applicable local, state, national or foreign law or regulation; (iii) is, or may reasonably be considered to be, defamatory, libelous, hateful, abusive, obscene, biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any person or entity; (iv) includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party; or (v) that otherwise violates these Terms.  By posting or transmitting End User Content to the Sites, you grant to Kalinda a perpetual, non-exclusive, worldwide, unlimited right to publish, post, display, copy, adapt, modify, create derivative works from, or otherwise use that content in connection with the Services. Kalinda is not responsible for, and does not endorse, any End User Content and assumes no liability for any loss or damage caused by any End User Content that you may interact with through the Services.  Kalinda reserves the right to refuse to post or to remove any End User Content, in whole or in part, that, in its sole discretion, is unacceptable, inappropriate or in violation of these Terms, but Kalinda has no responsibility to monitor, censor or edit the End User Content. 

7. Third Party Applications: The Sites may contain features that are integrated with software, web browser plug-ins, and/or applications that are provided by a third-party, or hyperlinks to third-party websites or made available or accessible to you via a third party’s platform (collectively, the “Third-Party Products”).  Kalinda may make available Kalinda Property through a Third-Party Product (“Third-Party Hosted Content”).  You understand that all Third-Party Products are subject to their own terms and conditions with the provider of that Third-Party Product, and that Kalinda has no control over, assumes no liability or responsibility for and makes no warranty of any kind with respect to any Third-Party Products and Kalinda does not provide any maintenance or support services for the Third-Party Products. Kalinda is not responsible for any license, exchange of data, interaction, service, information gathered from, or the use of, any of Third-Party Products. 

8. Compliance with Laws :  

You acknowledge and agree that your access to and use of the Services may be subject to applicable laws, ordinances, rules and regulations, including without limitation, the rules and regulations of foreign, federal, state and/or local agencies (“Applicable Law”). You represent that your use of the Services is not prohibited by Applicable Laws, and understand and agree that Kalinda is not responsible for any use of the Services that violates any Applicable Law. You agree to comply with all Applicable Laws related to your use, transmission and disclosure of any data or information, including your End User Data, in connection with the Services, and that you will be responsible in the event you have violated Applicable Law in connection with your use of the Services. 

9. Term, Suspension and Termination: These Terms are effective and binding on you on the date you first use the Services and continue as long as you continue to use the Services. Suspension or Termination for Violation of These Terms. In addition to any rights contained in a Customer Agreement, Kalinda reserves the right to remove any End User Content or suspend or terminate your access to the Services at any time if Kalinda determines, in its sole discretion, that your access to or use of the Services is (A) in violation of these Terms or (B) causing, or may cause, immediate, material or ongoing harm to Kalinda, the Sites, the Platform, the Services, another User or Kalinda customer, or any of our vendors. Effect of Termination. Please refer to the Privacy Policy, as well as the licenses in these Terms, to understand how we treat information and End User Content you provide to us after you have stopped using the Services. All provisions of these Terms that expressly or by implication continue to govern your or our rights and obligations after termination of use of the Services shall survive notwithstanding completion of any transaction or project in connection with which the Services is used or the deletion of any User Account including, without limitation, any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement in “Limitation of Liability” Section. 

10. Confidentiality   

10.1 Customer’s Confidentiality Obligations. You understand and acknowledge that through your access to or use of the Services, you may have access to or receive certain nonpublic information regarding Kalinda’s business, products and services or regarding other Users. You agree that you will not use or disclose any information you receive through the Services to any person except as required for your use of the Services, and that you will exercise a reasonable degree of care to maintain the confidentiality of that information. You understand that other Users with appropriate access rights may have access to your End User Data in connection with the Services. Kalinda is not responsible to the extent any End User Data provided by you is subject to any confidentiality obligation to another person or entity. Customers agree to keep confidential any proprietary or confidential information disclosed by Kalinda. 

10.2 Kalinda’s Confidentiality Obligations.  Kalinda understands and acknowledges that it will have access to or come into possession of your End User Data through your use of or access to the Services, and Kalinda will likewise exercise a reasonable degree of care to maintain the confidentiality of your End User Data. 

11. Disclaimers  

11.1 No Warranties. The Service is provided "as-is" and "as-available" without any warranties of any kind, whether express or implied. Kalinda does not warrant that the Service will be error-free or uninterrupted. KALINDA AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES. 

11.2 No Legal, Medical or Other Advice. NOTHING IN THE SERVICES, ANY SOFTWARE COMPONENT OF THE SERVICES OR THE DOCUMENTATION NOR ANY PORTION THEREOF CONSTITUTES MEDICAL, LEGAL, TAX, ACCOUNTING, REGULATORY OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY KALINDA OR ITS AFFILIATES. Neither Kalinda nor its affiliates is a law firm or provides medical services, advice, or representation. None of the Services or content shall constitute or be construed as a recommendation, solicitation, offer, opinion, by Kalinda or any of its affiliates for any legal or medical transaction. 

11.3 Security and Support. Kalinda takes reasonable steps designed to maintain security of its systems and the Services. However, we cannot guarantee the security of our systems or Services, and we do not have any control over the security of the networks you use to transmit information to the Services. If you have reason to believe system security has been breached, or if you encounter any issues with the Services, please contact us at contact@Kalinda.ai     

11.4 Data Events. You understand that the transmission of data in connection with the use of the Services is subject to the potential for errors, omissions, delays and losses that may give rise to loss or damage to your End User Data (a “Data Event”). You understand these risks are inherent to the Services, and that you are responsible for adopting reasonable measures to limit the impact of a Data Event. If you experience a Data Event, please notify Kalinda immediately at contact@Kalinda.ai. Kalinda will use its commercially reasonable efforts to promptly remedy any nonconformity or defect in the Services that resulted in a Data Event upon discovering it. Kalinda will not be responsible to address or remedy any Data Event to the extent, (a) you fail to promptly notify Kalinda of such Data Event, (b) the Data Event was caused by software or other equipment that was not provided by Kalinda, or (c) the Data Event arises from your breach of these Terms. 

11.5 Use of Artificial Intelligence. When using Kalinda Services, you may interact with automated features and/or receive outputs generated by artificial intelligence, machine learning models, or similar technologies. Although these features are intended to enhance your experience, the technologies involved are continually evolving and may produce outputs that are incorrect, inaccurate, or not suited to your needs. You are responsible for reviewing all generated outputs to ensure they meet your requirements before using, relying on, or sharing them. 

11.6 Discontinued Services. Kalinda reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by Kalinda. In such case, Company will either offer a comparable Service for you to migrate to or a prorated refund. Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to. 

11.7 Data Transfer. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers. 

12. Indemnity and Limitation of Liability  

12.1 Indemnification of Kalinda. You will indemnify and hold harmless Kalinda, its affiliates, and its affiliates’ respective directors, managers, officers, employees, agents, successors and assigns from and against any and all damages, losses, costs and expenses (including reasonable attorneys’ fees) incurred by Kalinda in connection with any action, claim or proceeding brought by a third party (excluding subcontractors and agents of Kalinda) arising out of or in relation to your use of the Services, including your use of, posting or other transmission of your End User Content, or your violation of these Terms, including (if applicable) the Third-Party Platform User Terms of Service.  

12.2 Exclusion of Damages: In no event will Kalinda be liable for any indirect, incidental, special, or consequential damages, including lost profits or data, even if advised of the possibility of such damage. 

12.3 Limitation of Liability. Kalinda’s liability for any claim arising out of or relating to this Agreement will be limited to the amount paid by the customer for the service during the one month preceding the event giving rise to the claim. To the maximum extent permitted by law, in no event will Kalinda be liable for any consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages (including increased costs, diminution in value or lost business, revenues, or profits, loss of goodwill or reputation, use, inability to use, loss, interruption, delay, or recovery of any data, or breach of data or system security, cost of replacement goods or services, or error or interruption of use, or for loss or inaccuracy or corruption of data) arising from or in connection with these terms or the services, under any legal or equitable theory, including breach of Kalinda, tort (including negligence), strict liability, or otherwise, in each case, regardless of whether such party was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable. To the maximum extent permitted by law, in no event will Kalinda’s aggregate liability arising out of or related to these terms or the services exceed $100. Notwithstanding the foregoing, these limitations shall not limit any liability of Kalinda for fraud or willful misconduct. Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation and exclusions may not apply to you. 

13. Other terms.  

13.1 Governing Law and Dispute Resolution: This Agreement will be governed by and construed in accordance with the laws of WA State, USA. Any disputes arising under this Agreement will be resolved through arbitration or mediation in WA State, USA.  

13.2 Compliance with Local Laws: Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.  

13.3 Modifications and updates to these terms. Kalinda reserves the right to modify or update these Terms and the Services (subject to the terms of any Customer Agreement) from time to time. If, in our sole discretion, we determine any modifications or updates to be material, we will make reasonable efforts to notify you via your registered e-mail address with Kalinda. You agree that Kalinda has no responsibility to update you with respect to non-material modifications or updates. It is your responsibility to review these Terms periodically while accessing or using the Services. If you don’t agree with the new Terms, you must immediately discontinue any use of the Services. You understand and agree that your continued use of the Services following Kalinda’s posting a notice of any modification or update to these Terms indicates your acceptance and agreement to all such modifications and updates. Except for changes by us as described herein, no other amendment or modification of these Terms will be effective unless in writing and agreed upon by both you and us. 

13.4 Agreement, Amendment and Assignment: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings related to the Service.  Any amendments or modifications to this Agreement must be in writing. Customer may not assign this Agreement without the prior written consent of Kalinda. 

14. Communication with Kalinda: As part of the Services and if you provide your contact information you agree to receive communications directly by email or through the Services regarding such Services from Kalinda. By signing up for the Services or a User Account, you confirm that you want Kalinda to send you information by email regarding your account or transactions with us or that we think may be of interest to you, and you agree to receive communications from Kalinda, and you represent and warrant that each person you register for the Services or for whom you provide email addresses has consented to receive communications from Kalinda. You agree to indemnify and hold Kalinda harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. 

You may from time to time provide Feedback to Kalinda, including ideas for new features or functionality. If you provide Feedback, you agree to assign to Kalinda, all right, title, and interest in and to that Feedback. You also understand and agree that Kalinda may (but is not required or obligated to) use the Feedback you provide for any purpose without any attribution or compensation to you. 

Comments and Concerns: Kalinda values your input. Any requests for technical support or other communications related to these Terms or the Services should be directed to: contact@kalinda.ai 

These Terms, the Third-Party Platform User Terms, all applicable Additional Terms, and any other policies referenced herein constitute the entire agreement between you and Kalinda regarding the Services. You may not assign or transfer your rights or obligations under these Terms without Kalinda’s written permission, and any attempt to assign or transfer this Agreement without Kalinda’s permission will be void. Kalinda may transfer, assign, or delegate these Terms and our rights and obligations without consent. You and Kalinda agree that no other person may enforce your rights against Kalinda or Kalinda’s rights against you under these Terms. If any portion of these Terms is found to be invalid, illegal, or unenforceable, that portion will be limited or eliminated only to the extent necessary so that the remainder of these Terms will otherwise remain in full force and effect or impact the enforceability of these Terms. Kalinda’s failure to exercise or delay in exercising its rights or remedies under these Terms will be considered a waiver of those rights or remedies or prevent Kalinda from exercising those rights or remedies or any other rights or remedies granted by law. 

BY ACCEPTING THESE TERMS AND CONTINUING TO ACCESS OR USE THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.