Date of Last Revision: June 1, 2024
GENERAL INFORMATION
KONWIX PRODUCTS
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.konwix.app (the “Website”), through our applications (each an “App” and collectively the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps, each as may be updated from time-to-time at the sole discretion of Konwix, are collectively referred to herein as the “Product” or “Products”). These Terms constitute a legally binding agreement between you and Konwix.
Your use of certain Products may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you on or in connection with such Products. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control solely to the extent of the conflict. The applicable Supplemental Terms are hereby incorporated into these Terms by reference (all applicable Supplemental Terms and these Terms, collectively, the “Terms”). Please read these the carefully before accessing, using, or ordering any Products from the Website, the App, or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “Konwix,” “us” or “we” refers to Konwix. The term “Device” refers to any device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products. When you order any Products (each such instance, an “Order”), visit the Website, download an App, or otherwise use or access the Products, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Products.
KONWIX MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND DATA PROVIDED THROUGH THE PRODUCTS, AND SUCH INFORMATION AND DATA SHOULD NOT BE CONSTRUED OR USED AS A LEGAL DESCRIPTION. ACTIVITIES ASSOCIATED WITH THE PRODUCTS CAN AT TIMES INVOLVE RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER DANGERS ASSOCIATED WITH SUCH ACTIVITIES. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KONWIX CANNOT AND DOES NOT ASSUME RESPONSIBILITY FOR ANY SUCH PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCTS. KONWIX IS NOT RESPONSIBLE FOR THE MISUSE OR MISREPRESENTATION OF THE INFORMATION AND/OR DATA PROVIDED THROUGH THE PRODUCTS, AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION AND/OR DATA IS THEREFORE STRICTLY AT YOUR OWN RISK.
Our contact email address is konwix.app@gmail.com. All correspondence to Konwix including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
Privacy Policy. By accessing or using the Products, you agree to the collection, use and disclosure of your personal information as described in our Privacy Policy.
CHANGES TO TERMS
Konwix reserves the right, in its sole discretion, to change or update these Terms, or any other of our policies or practices, at any time. If we make any material changes to these Terms, we will notify users by posting such changed or updated Terms on this page, and indicate the date these Terms were last revised. We may also provide notice of such changes through the Products’ user interface, in an email notification or through other reasonable means. Any changes or updates will be effective immediately for new users of the Products, and the sooner of (i) thirty (30) days after posting, or (ii) upon acceptance of such updated Terms for existing users of the Products. Your continued use of the Products after any changes are made constitutes your agreement to abide by the updated Terms.
LICENSE
Subject to your ongoing compliance with these Terms, and payment of all applicable fees, Konwix grants you a limited, non-exclusive, non-transferable, revocable license to stream, download and make personal non-commercial use of the Products.
The Products contain or embody copyrighted material, proprietary material or other intellectual property of Konwix or its licensors. All right, title and ownership in the Products remain with Konwix or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
You agree that you will not and you will not assist or permit any third party to: (a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products; (b) use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever; (c) rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part; (d) tamper with the Products or circumvent any technology used by Konwix or its licensors to protect any content accessible through the Products; (e) circumvent any territorial restrictions applied to the Products; or 3.4(f) use the Products for any commercial purpose without the express written consent of Konwix. Except as expressly set forth in these Terms, you may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or Materials in the Products.
PROHIBITED USE OF THE PRODUCTS
Prohibited Activities
You agree not to: (i) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves; (ii) interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products; (iii) access the Products in an unauthorized manner; (iv) interfere with any other user’s use and enjoyment of the Products; (v) request or offer to perform a request that is illegal or violates any of the terms set forth herein; (vi) impersonate any person or entity, including any employee or representative of Konwix; or (vii) use software or automated agents or scripts to produce multiple Member Accounts, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Products (provided, however, that we may conditionally grant to the operators of public search engines revocable permission to use spiders to copy Materials from the Konwix Products for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Materials, but not caches or archives of such Materials, subject to the parameters set forth in our robots.txt file).
Other Illegal Use
You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
MATERIALS OFFERED THROUGH THE PRODUCTS
OWNERSHIP
We welcome any and all feedback to help us build better Products. If you provide Konwix with any feedback or suggestions regarding the Products (“Feedback”), you acknowledge that we can freely use such Feedback in any manner. Feedback you provide is not confidential or proprietary to you. So, please do not provide Konwix any information or ideas that you consider to be confidential or proprietary.
The Products are not intended for your commercial use. You must not use any part of the Materials for commercial purposes without obtaining a written license to do so from us. Materials from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes or purposes otherwise deemed objectionable in our sole discretion (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THEM, INCLUDING AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE PRODUCTS OR THEIR CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PRODUCTS, OR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE PROVISION OF THE PRODUCTS. SUBJECT ALWAYS TO YOUR STATUTORY RIGHTS, WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS TO THE BROADEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT AND INFORMATION POSTED ON THE PRODUCTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, FOR TECHNICAL ACCESSIBILITY, FITNESS OR FLAWLESSNESS OF THE PRODUCTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE PRODUCTS WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT KONWIX IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD KONWIX LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, THIRD PARTY PLATFORMS, OR OTHER USERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. CERTAIN INFORMATION, HAS BEEN PROVIDED BY THIRD PARTIES, AND KONWIX IS NOT LIABLE FOR ANY INACCURACIES IN SUCH INFORMATION.
EXCEPT FOR KONWIX' OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN KONWIX' PRIVACY POLICY AND UNDER APPLICABLE PRIVACY LAWS, KONWIX ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY MATERIALS (INCLUDING, BUT NOT LIMITED TO, YOUR USER MATERIALS), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
APPLICABLE CONSUMER LAWS IN YOUR COUNTRY OF RESIDENCE MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS SET OUT THEREIN, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN PARTICULAR, IF YOU ARE A RESIDENT OF THE EEA OR THE UK, THE EXCLUSIONS OR LIMITATIONS SET OUT THEREIN ARE WITHOUT PREJUDICE TO YOUR CONSUMER RIGHTS AND STATUTORY WARRANTIES.
LIMITATION OF LIABILITY
THE LAWS IN SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET OUT THEREIN MIGHT NOT APPLY TO YOU. IN PARTICULAR, IF YOU HAVE YOUR HABITUAL RESIDENCE IN THE EEA OR THE UK, APPLICABLE PRIVACY AND CONSUMER LAWS MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SET OUT THEREIN, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS.
THE LIMITATIONS SET FORTH HEREIN WILL SURVIVE TERMINATION OR EXPIRATION OF THESE TERMS AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Konwix and its directors, officers, members, investors, managers, employees and agents (the “Konwix Parties”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. Konwix reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate fully with Konwix' defense of such claim.
GENERAL TERMS AND CONDITIONS
TERM AND TERMINATION
You and Konwix agree that, subject to any eligibility requirements for accessing and using the Products or entering into the Terms, the Terms commenced on the earlier to occur of: (i) the date you first used the Products or (ii) the date you accepted the Terms, and the Terms will remain in full force and effect while you use the Products, unless earlier terminated in accordance with these Terms.
We may terminate these Terms or your ability to access or use any or all Products at any time for any reason, with or without notice, including if timely payment cannot be charged to your Payment Method for any reason, if you have breached any provision of the Terms, or if Konwix is required to do so by law (e.g., where the provision of the Products is, or becomes, unlawful).
NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
FORCE MAJEURE
Konwix shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
INTERPRETATION
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including,” “include,” “in particular,” “for example,” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and vice versa.
ELECTRONIC COMMUNICATIONS
The communications between you and Konwix use electronic means, whether you use the Products or send us emails, or whether Konwix posts notices on the Products or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Konwix in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Konwix provides to you electronically satisfy any legal requirement that such communications would satisfy if it were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.
SUPPLEMENTAL TERMS
APP TERMS
Application License. Subject to your compliance with these Terms, Konwix grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of each App on any mobile device or computer that you own or control and to run such copy of each App solely for your own personal or internal business purposes. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Apps on a shared basis within your designated family group. You understand that the Products are evolving. As a result, we may require you to accept updates to any of the Products that you have installed on your computer or mobile device. You acknowledge and agree that we may update the Products with or without notifying you. You may need to update third-party software from time to time in order to use the Products.