Terms of Service

Updated September 13, 2019

KYCS Global Inc. Terms of Service

The terms and condition set forth herein (the “Terms”) apply to KYCS Global Inc. (hereinafter referred to as “KGI” or “we” or “us”) and to its products, website, support center, mobile apps, mobile products, RTLS solutions, software, and any other services (collectively “Services”) KGI provides.

Definitions

“Coverage Areas” means the geographical areas within which the Services are available.

“Default” means when a User fails to abide by any of these Terms or any other agreement between the User and KGI, or breaches these Terms or any other such agreement in any manner.

“Individual” means any person, whether natural or legal.

“Providers” means KGI third-party content providers, sponsors, suppliers, and licensors.

“Range of Service” means the distance between KGI’s tracking equipment and the KYCS Bluetooth device on an individual’s person; typically up to 50 meters.

“Service Request” means any request or call made by the User to KGI concerning the location of a lost or stolen item.

“Services” means KGI’s products, website, support center, mobile apps (such as the KYCS App), software, and any other of KGI’s services.

“Terms” means the terms and conditions set out herein.

“KYCS App” means a mobile application that allows Users to identify assets or persons through the use of a KYCS device.

“KYCS device” means a Bluetooth enabled location device that can be located by using the KYCS App.

“User” or “Users” or “You” or “Your” means any person, whether natural or legal, who uses the Services, whether for themselves or on behalf of another person, including, but not limited to, caregivers and Individuals.

“Website” means any website owned and operated by KGI containing these Terms.

Acceptance of Terms

By accessing or using the Services owned or operated by KGI, you are accepting and agreeing to be bound by the Terms. KGI may, at its sole discretion, modify the Terms. Please check these Terms often. In addition, these Terms may be modified only by our posting of changes to these Terms on this Website. You understand and agree that continued use of the Services subsequent to any modifications to the Terms being posted on the Website, results in you agreeing to become bound to the modified Terms. For clarity, each time you access this Website or any other Service, you will be deemed to have accepted any such modifications to the Terms.

If User does not agree to be bound by the Terms, the User must cease using or accessing the Services. The contents of KGI’s Websites, including the text, graphics, images, and information obtained from KGI third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

Children under the age of 13 must not use the Services as some of the content relating to the services may not be appropriate for children. Users must be 18 years or older to purchase any product or service offered by KGI. Children between the ages of 13 and 18 must ask for their parent’s or guardian’s permission before viewing the Website or otherwise using the Services.

By accepting these terms, User agrees that User will not plan or engage in any illegal activity in relation to the Services.

Locating Individuals

User understands and agrees that the Services are not available everywhere and are only available in certain geographical coverage areas (the “Coverage Areas”).  User also understands and agrees that the range of the Services within Coverage Areas are typically up to 50 meters line of sight between KGI’s tracking equipment and the KYCS device on an individual’s person (“Range of Service”). User agrees that the Coverage Area and Services are appropriate for the User.

The Services are designed only as an additional aid to Users and public safety personnel for locating missing Individuals. The Services cannot predict, prevent or report that an Individual has wandered away from a caregiver or responsible party and the Services are not guaranteed to prevent any loss, injury or death. The Services do not replace a caregiver’s responsibility to provide constant supervised care and protection from an Individual wandering and for that caregiver to use additional methods to locate a missing Individual. KGI is not responsible for any search and rescue and does not assume any duty or liability for search and rescue. KGI cannot assure that any of the search and rescue networks within the Services will be available to search for a missing Individual. KGI does not warrant, represent or guarantee that a missing Individual will be found as a result of participation in the Services. KGI depends on several factors for successful locating of a missing Individual, including but not limited to, the missing Individual being within a Coverage Area when missing, being within the Range of Service, sufficient transmission of KGI’s equipment’s radio frequency without interference, the Individual being properly equipped with the KYCS Bluetooth device on the Individual’s person at all times, caregiver and Individual properly maintaining the Bluetooth device in working order, and the availability of search and rescue personnel.

 If Individual is missing, caregiver must immediately:

  1. REPORT INDIVIDUAL MISSING TO 911 OR THE APPROPRIATE PUBLIC SAFETY AGENCY IN THE AREA WHERE THE INDIVIDUAL WENT MISSING;
  2. NOTIFY PUBLIC SAFETY AGENCY THAT INDIVIDUAL IS WEARING A KYCS BLUETOOTH DEVICE AND PROVIDE THE DEVICE’S IDENTIFICATION NUMBER TO USE FOR LOCATION PURPOSES; AND
  3. CALL KGI 1-866-800-4111 TO REPORT THE INDIVIDUAL MISSING.

IMMEDIATE REPORTING OF A MISSING INDIVIDUAL IS CRITICAL TO SEARCH AND RESCUE OPERATIONS.

Users are responsible for ensuring that KGI’s equipment is used and maintained in accordance with instructions provided herein and found elsewhere throughout the Services. All Bluetooth devices must be tested daily to ensure they are in good working order.  In addition, batteries must be changed as needed but no less than every two (2) months after placement of the batteries in the Services. User shall not permit tampering, modification or interference with KGI’s equipment.

The Services should only be used in conjunction with the guidance and care of appropriate caregivers. Nothing stated or presented in KGI’s Services is intended to be a substitute for any type of care, including professional care. Always seek the advice of your caregivers before using the Services.

Locating Assets

In order for KGI to use its Services to assist with locating stolen items, User must provide to KGI a confirmation, which is acceptable to KGI, that a Police report has been filed with a police department. KGI will use reasonable commercial efforts to contact the User in order to obtain confirmation that the item has been stolen and that a stolen item incident report has been filed with the Police. KGI shall, at its sole discretion, have the option but not the obligation to locate the stolen item if: (i) it is situated outside the Coverage Area; (ii) in the case where the stolen item is equipped with a KYCS Bluetooth device, KGI has been unable to contact the User; or (iii) it has not received confirmation that a stolen item incident report has been filed with the Police and obtained the report or file identification number provided by the Police.

KGI has no obligation to communicate with or inform any third party, including the Police, of when an item is reported stolen by the User within the Services. Should KGI successfully locate the stolen item, KGI’s only obligation shall be to make a reasonable attempt to inform the Police of the location of the stolen item.

The User acknowledges that the Police may refuse or neglect to respond to KGI’s notification or may do so in an untimely manner and the User further acknowledges that KGI shall not be responsible for any prejudice or damage suffered by the User as a result of such an occurrence.

The User undertakes to immediately advise both KGI and the Police of the theft or suspected theft of the stolen item, and to immediately communicate to KGI the report or file identification number provided by the Police with regard to such theft or suspected theft. The User acknowledges that any delay in advising KGI or in advising the Police of the theft or suspected theft of the item reduces the likelihood of successfully tracking and recovering the item. User understands and agrees User is prohibited from attempting to recover any asset without assistance from the Police.

The User understands that fines, penalties and other such amounts may be charged by local governments or agencies for any false alarm which summons an emergency service. Any Service Request which results from anything other than the theft of the item, will be considered a false alarm. If KGI deems that a Service Request is unfounded or constitutes a false alarm, the User shall be responsible for and assume: (i) all of KGI’s costs and expense incurred in responding to the Service Request; (ii) any applicable location fees; and (iii) any fines, penalties or other amounts charged by local governments or agencies for any false alarms or signals.

User understands and agrees that KGI reserves the right to unilaterally terminate this Agreement at its sole discretion without any refund of any kind if the User generates an unreasonable number of unfounded Service Requests or false alarms, the whole in the sole opinion of KGI.

KGI shall bear no responsibility for any failure by the User to protect its assets. KGI shall also bear no responsibility for returning User’s assets to User or for any loss or damage to User’s assets.

User expressly acknowledges that the Services offered by KGI for the sole purpose of aiding in the location of lost or stolen items. Accordingly, KGI is not responsible for, and the User agrees to fully indemnify KGI against any liability, loss or damages incurred by KGI arising from or relating to, any use of the Services by the User for any purpose other than to locate lost or stolen items including, without limitation, any use thereof which may be contrary to law, whether by violating the privacy or personal information of others or otherwise.

Police Location Service

KGI shall only provide the location Service once the following has been completed: (i) the receipt of a confirmed Police report; the Customer must provide to KGI an active police incident report number filed with public security authorities (the ‘Police”). On confirmation of the customer police incident report that the asset/person is stolen/missing, KGI Shall use its reasonable efforts to commence a KYCS identification service process and update the appropriate KYCS software/App and/or equipment and terminals within its service areas. The Customer further acknowledges that KGI shall not be responsible for any prejudice or damage suffered as a result of such Services.

License

Subject to User’s compliance with the Terms, KGI grants User a limited non-exclusive, non-transferable license to download and install a copy of the KYCS App on a single mobile device that User owns or controls and to run such copy of the KYCS App and use the Services solely for User’s own personal non-commercial purposes. KGI reserves all rights in and to the KYCS App and Services not expressly granted to User under these Terms. User may not: (i) copy, modify or create derivative works based on the KYCS App or Services; (ii) distribute, transfer, sublicense, lend or rent the KYCS App to any third party; (iii) reverse engineer, decompile or disassemble the KYCS App; or (iv) make the functionality of the KYCS App or Services available to multiple users through any means.

KGI grants Users a limited license to access and make personal use of this Website and Users may not download (other than page caching) or modify it, or any portion of it, without the express written consent of KGI. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of KGI. Users may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KGI without KGI’s express written consent. Users may not use any metatags or any other hidden text utilizing KGI name or trademarks without the express written consent of KGI. Any unauthorized use terminates the permission or license granted by KGI. Users are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray KGI, its affiliates, or the Services in a false, misleading, derogatory, or otherwise offensive manner. Users may not use any KGI logo or other proprietary graphic or trademark as part of the link without express written permission.

Downloading the KYCS App

When Users download the KYCS App from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), Users acknowledge and agree that:

(i) These Terms are concluded between the User and KGI, and not with the App Store, and that KGI (not the App Store) are solely responsible for the KYCS App and Services.

(ii) The App Store has no obligation to furnish any maintenance and support services with respect to the KYCS App or handle any warranty claims.

(iii) The App Store is not responsible for addressing any claims Users have relating to the KYCS App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the KYCS App fails to conform to any applicable legal or regulatory requirement.

(iv) The App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against Users (as it relates to User’s license of the KYCS App through their App Store). Users must also comply with the App Store’s terms of service when using the KYCS App.

Creating an Account within the KYCS App

In order to use certain features of the Services, Users must have an account with KGI. By creating an account, Users represent that:

(a) all required information provided is truthful and accurate;

(b) Users are of legal age to agree to these Terms; and

(c) use of the Services does not violate any applicable law or regulation or these Terms.

Users are responsible for maintaining password confidentiality and for any and all use of your account. User should notify us immediately if User suspects any unauthorized use of User’s account or access to User’s password.

User may not:

(a) use the account or username of any other user;

(b) allow someone else to use User’s account or username; or

(c) sell, lend, transfer, or otherwise share Users account, temporarily or permanently, with someone else.

Should User violate these Terms, KGI reserves the right to issue User a warning, suspend or even terminate User’s account (along with User’s ability to access and use the Services).

The User

(a) The User undertakes to immediately advise both KGI and the Police of the stolen/missing asset/person or suspected missing person, and to immediately communicate to KGI the report or file identification number provided by the Police regarding such missing person. The User acknowledges that any delay in placing a Call or advising the Police of the missing person or suspected missing person reduces the likelihood of any identification.

(b) The User understands that fines, penalties and other such amounts may be charged by local governments or agencies for any false alarms which summons an emergency service.

(c) The User understands and agrees that KGI reserves the right to unilaterally terminate this service at its discretion without notice.

(d) In order to ensure proper delivery of the Services, the User agrees to immediately notify KGI in writing of any change to the Information contained in the registration, including; (i) the destruction of the KYCS Bluetooth device; (ii) the removal of the KYCS unit from the person or asset to whom it has been registered; Should the User fail to inform KGI as required herein, The User shall be responsible for any and all related liability and failure to the Services. 

(f) The User understands that KGI shall use reasonable skill and due care in providing the Services, but KGI does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Services. LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM. KGI reserves the right, at its sole discretion, to discontinue all or any part of the Services, at any time and without notice.

(g) The User expressly acknowledges that the Equipment is offered by KGI is for the sole purpose of being used as an aid to assist in identifying the asset or person on which the KYCS device is equipped.  KGI makes no warranties, representations, claims, guarantees or conditions of any nature whatsoever, express or implied, including any warranty, representation, claims, guarantees or condition of fitness for a particular purpose, merchantability, title or non-infringement with respect to any of KGI’s equipment, products or services. All such warranties, representations, claims, guarantees and conditions, express and implied, are, to the extent permitted by applicable law, hereby excluded.  None of KGI’s Services are guaranteed to be error-free or uninterrupted.  

Due to the limitations of technology, we cannot guarantee the Services. For instance, communications tower connections may experience downtime, interruptions or dead spots. The KYCS device may also experience unexpected malfunctions or limitations; this may be due to many reasons, such as an expired battery, unforeseen damage to internal components from excesses wear and usage etc. Users agree to accept full responsibility for the use and limitations of the product and associated technologies.  Users further agree not to hold KGI liable for any or such limitations or malfunctions of KGI’s products and the Services. KYCS is set up to function only were cellular data service is available.

User acknowledges and agrees that the products within the Services are battery operated and limited to battery life expectancy due to many factors including but not limited to temperature, storage, battery type and battery material. KGI may not be able to provide any services for products that are no longer operational, this may include but not limited to, non-functional reason’s such as expired, damage and/or drained batteries.

Real-Time Location System (RTLS) Services

The User understands that KGI shall use reasonable skill and due care in providing the Services, but KGI does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Services. LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM. KGI reserves the right, at its sole discretion, to discontinue all or any part of the Services, at any time and without notice.

The User understands and agrees that KGI shall collect and maintain ownership of any non-personally identifiable data collected through the use of KGI’s Services, and that KGI may use such data for any purpose such as marketing, sales, research, development, and analytics purposes.

KGI takes cyber security very seriously. KGI shall take appropriate security measures to prevent unauthorized access, misuse, or modification of its hardware and software. However, KGI cannot absolutely guarantee the security of our hardware or software and User cannot reasonably expect that hardware or software will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. User understands and agrees that the Section titled Limitation of Liability within these Terms, along with any additional provisions within these Terms that limit KGI’s liability, apply to any such wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

General Prohibitions

Users agree not to do any of the following:

  • Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
  • Intercept or “sniff” the communication packets between the KYCS device hardware and mobile devices or attempt to reverse engineer the KYCS Bluetooth Low Energy profile or KYCS protocol;
  • Access, tamper with, or use non-public areas of the Services, KGI’s computer systems, or the technical delivery systems of KGI’s providers;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Attempt to access or search the Services or content or download content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by KGI or other generally available third party web browsers;
  • Submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Violate any applicable law or regulation, including by stalking, harassing, or tracking others for unlawful or criminal purposes;
  • Attempt to recover or retrieve a stolen/missing asset/person without the assistance of the Police;
  • Encourage or enable any other individual to do any of the foregoing.

User Default

(a) Should the User fail to abide by any of these Terms or any other agreement between the User and KGI, or  breach same in any manner, the User shall be in a situation of Default.

(b) if the User is in Default, KGI may immediately, and without providing any notice or delay, do any or all of the following, without waiving any other remedy available at law: (i) terminate this agreement and/or any other agreement, between the User and KGI; or (ii) cease providing the Services to the User.

Unsolicited Idea Submission

KGI and/or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when KGI‘s products or marketing strategies might seem similar to ideas submitted to KGI. Please do not send unsolicited ideas to KGI or anyone at KGI . If, despite our request that User not send KGI ideas, User still send them, then regardless of what Users letter, fax, phone call, or e-mail says, the following terms shall apply to User’s idea submission.

User understands and agrees that: (1) Users ideas will automatically become the property of KGI , without compensation to User, (2) KGI can use the ideas for any purpose and in any way, even give them to others, and (3) Users waive the right to enforce any patents, trademarks or copyrights in any way related to User’s ideas. For clarity, if User provide any suggestions, ideas, feedback, or recommendations you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all suggestions, ideas, feedback, or recommendations.

Termination

Users can terminate their accounts at any time by deactivating their account or by providing notice of termination to KGI. KGI reserves the right to terminate or suspend User’s account or User’s access to any or all portions of the Services at any time, for any reason, including User’s violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to User in these Terms immediately cease. If User’s account or access to KGI’s Services is terminated or suspended because User violated these Terms, User will not be entitled to any refund of any fees or payments and User will have no further right to access any of the foregoing or User’s account.

Product and/or Service Feedback

KGI does, however, welcome User feedback regarding many areas of KGI‘s existing business. Please provide only specific feedback on KGI‘s existing products or marketing strategies; do not include any ideas that KGI‘s policy will not permit it to accept or consider.

Any feedback Users provide shall be deemed to be non-confidential. KGI shall be free to use such information on an unrestricted basis.

Content You Provide

Users are responsible for the content, such as any text, images, and other material and information, that Users upload or post on or through the Services (“Content”), and its legality, reliability, and appropriateness. Users should only upload or post Content that Users create or have the right to use and publish. By uploading or posting User’s Content User give KGI the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use User’s Content in connection with providing KGI’s Services. User agrees that KGI can also make User’s Content available to other users of the Services, who may view and/or use User’s Content, subject to these Terms.

Enforcement

KGI has the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from KGI’s Services for any reason, including if KGI believe, in KGI’s sole judgment, User’s Content violates these Terms, or that KGI believes threatens the safety of, or harms any other person, or creates liability for KGI or any other person. KGI reserve the right (but have no obligation) to investigate and take appropriate action, including removing User’s Content from the Services (or modifying it), suspending or terminating User’s account and/or suspending or terminating the provision of the Services to User, and/or reporting User to law enforcement authorities, if User violates any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect KGI’s systems, service providers, partners, and other users, or to ensure the integrity and operation of KGI’s business and systems, KGI may access and disclose any information or content KGI considers necessary or appropriate, including User account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and User conduct.

Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICES PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

KGI SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICES. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) KGI’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) KGI’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.

USER EXPRESSLY UNDERSTANDS AND AGREES THAT KGI AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF KGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES (II) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE USER’S TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICES.

LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR USER’S USE OF THE PRODUCTS, APP OR SERVICE, IS LIMITED TO THE AMOUNT PAID BY USER FOR THE PRODUCT IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

The User understands that: (i) KGI is not an insurer and does not provide any type of insurance protection; (ii) the Services are not a replacement for personal locator beacons; and (iii); KGI does not guarantee the Services.

The User agrees to defend, indemnify and hold KGI harmless with regard to any liability incurred, including without limitation, the payment of any fines, penalties or other charges for false alarms, reasonable expenses, costs and attorney’s fees.

The User acknowledges that KGI, its authorized resellers, the Police, and KGI’s wireless service providers are independent parties and under no circumstances will KGI be responsible for any act or omission of its authorized dealers, the Police or KGI’s wireless service providers, nor will the authorized dealers, the Police or KGI’s wireless service providers be responsible for any act or omission of KGI. Neither KGI nor its wireless service providers shall: (i) guarantee, the uninterrupted functioning of their services, products and (ii) be liable to the User for any damages, loss of profits, earnings or business opportunities, indirect or incidental, consequential or special damages, death and death resulting from indirect damages, personal injury death or other loss resulting from the Services, the failure to recover the Individual or otherwise.

KGI DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USER’S USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND USER AGREES THAT FROM TIME TO TIME KGI MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.  

The liability of KGI with regard to any acts or omissions relating to this Agreement, including without limitation, the delivery of the Services, shall never exceed the total amount of fees paid by the User for the Services.

Under no circumstances shall the User be entitled to any refund or credit due to any interruption in KGI’s ability to provide the Services, no matter the cause. Should KGI be unable to provide the Services due to no fault of the User, the User’s only recourse will be to request that the Term of this Agreement be extended, at no cost to the Customer, for a period of time equal to the period during which the Service was interrupted.

Indemnification

User agrees to defend, indemnify, and hold KGI harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, User’s violation of these Terms.

User agrees to defend, indemnify and hold KGI, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content User submits, posts, transmits, or otherwise makes available through the Services; (b) User’s use of the Service; (c) any violation by you of this Agreement; (d) any action taken by KGI as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue KGI, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of KGI’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless KGI from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.

Waiver of Class Action Lawsuit and/or Jury Trial

Users and their successors, heirs, estates, representatives, insurers, agents and assigns, agree that: (a) they relinquish any right to file a class action law suit as against KGI and may only bring any claim/action or any kind as against KGI as an individual plaintiff; and (b) Users waive and/or relinquish their right to trial by jury in any action involving the parties to this agreement, to the fullest extent permitted under applicable law.

Third Party Links

The Services may contain links to content or services provided by third parties (“Third Party Links”). These Third Party Links are not under KGI’s control, and KGI is not responsible for their content, services, performance, operation, availability, business practices or policies. If Users access any of these Third Party Links, Users do this entirely at their own risk and any charges or obligations Users incur in their dealings with these third parties, are Users own responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.

Limited Warranty

KGI warrants that KYCS Bluetooth devices will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (“the Warranty Period”). If a defect in the KYCS Bluetooth device arises within the Warranty Period, KGI will, at its sole option and subject to applicable laws: (a) repair or replace it with a new or refurbished product or component; or (b) refund the original purchase price upon return of the defective product. This Warranty does not apply to (a) any products Users purchase from unauthorized resellers; (b) where the instructions for use and activation of the product are not complied with; (c) where the product is used with a “jailbroken” or rooted mobile device; or (d) where the product is damaged as a result of abuse, accident, modification or other causes beyond KGI’s reasonable control.

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to all Users. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

Disclaimer of Warranty for App and Services

KGI will use reasonable efforts to correct any discovered defects in the KYCS App or the Services. However, User’s access to and use of the KYCS App and Services is at User’s own risk. KGI is not responsible for the content provided by, or the conduct of, any user and User bears the entire risk of using the KYCS App and Services and any interactions with other users. The KYCS App and Services are provided on an “AS IS” and “AS AVAILABLE” basis and KGI does not represent, warrant, or guarantee that the KYCS App and Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE APP AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMPORTANT:  WITHOUT LIMITING THE FOREGOING, THE APP AND THE SERVICES ARE DESIGNED SOLELY TO HELP YOU LOCATE ASSETS WITHIN A CLOSE PROXIMITY. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE KYCS APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to the KYCS App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration allowed by law.

 General Clauses

(a) KGI hereby reserves its right to change any of the terms and conditions of these Terms without notice to the User.

(b) This Agreement shall be governed by the laws of Ontario, Canada. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or provincial courts located in Ontario, Canada and no other.

Legal

In any action against KGI arising from the use of the Services, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

Privacy

Please review KGI’s Privacy Policy, which also governs User’s visit to this Website, and any interactions with KGI’s Services, to understand KGI’s privacy practices.

Communications

When User visit KGI’s Websites or fills out any online forms, you are communicating with KGI electronically. Users consent to receive communications (including legal notices) from KGI electronically. KGI will communicate with User by email, phone, text messages, mail or by posting notices on the Website. Users agree that all agreements, notices, disclosures and other communications that KGI provides to User electronically satisfy any legal requirement that such communications be in writing. KGI may also deliver communications to User electronically. In addition, KGI may deliver communications (including legal notices) to User at the street address User provided. Finally, KGI may deliver communications to User by any means set forth in any other KGI policy or notice published on the Website.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms & Conditions. If Users participate in any Promotions, please review the applicable rules as well as KGI’s Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Interpretation

If any of these Terms, or any part of any of these Terms, shall be deemed invalid, void, or for any reason unenforceable, that term, or that part of the term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms. These Terms are the entire agreement between Users and KGI relating to the subject matter herein. KGI may assign its rights and obligations under these Terms. These Terms will inure to the benefit of KGI’s successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Contacting Us

If you have any questions about these Terms, please contact us at; 12 Proctor Road, Suite 200, Schomberg, Ontario, L0G 1T0, Canada, Toll free 1-866-800-4111, email contactus@kycs.ca.