TERMS & CONDITIONS

I. Preamble

You agree to be bound by the Terms & Conditions (“Terms of Service”) in using or visiting the katomadodigital.com website (“Service”).

Katomado Digital reserves the right to update and change the Terms of Service from time to time without prior notice.

Any new features that enhance the current Service, including but not limited to the release of new tools and resources, shall be subject to the Terms of Service.

Continued use of the Service after any such changes shall constitute your consent to abide by such changes. You can review the most recent version of the Terms of Service at any time accessible on this website in the Terms & Conditions section.

Violation of any of the proceeding terms will result in the termination of your Account.

While Katomado Digital prohibits such conduct and Content on the Service, you understand and agree that Katomado Digital cannot be held responsible for the contents posted on the Service and you nonetheless may be exposed to such materials.

You, also, agree to use the Service at your own risk.

II. Account Terms

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Whenever you are asked by the Service, you must provide your legal full name, a valid email address, and any other information requested to proceed.

Dummy or false information is strictly prohibited. This entity will be registered as the Account Holder.

Your login may be used by more than one person. The Service does not prevent multiple simultaneous logins, but cannot be held liable for any security issues that arise from such use.

You confirm that all persons that you provide access to your Account have agreed to these Terms.

You must use a single Account for all monitors that you manage through the Service unless otherwise agreed with Katomado Digital.

You are responsible for maintaining the security of your Account and password. Katomado Digital cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You, the Account Holder, and all users that you have provided access to your Account are responsible for all Content posted and broadcasted, as well as all activities that occur under your Account.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

III. Service Payment, Refunds, Upgrades, Downgrade

A valid credit card or any means available to proceed to payment is required for paying accounts and purchasing Physical Goods.

All payments through our website are cleared via payment services. In some cases, your credit card company may decide to perform an independent check to verify your identity to help combat fraud.

The Service is billed in advance on a monthly or annual basis and is nonrefundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made.

All fees and payments are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

For any upgrade or downgrade in plan level (that is, the maximum number of monitors that you can manage through the Service), the credit card that you provided may be automatically charged instantly or on the next billing cycle.

You are responsible for providing up-to-date credit card information to the Service, so that a charge does not fail, leading to service disruption.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Katomado Digital does not accept any liability for such loss.

IV. Purchase of Physical Goods

All transactions should be online, through your Account. For such a transaction, you are agreeing to purchase the product(s) in your order for the stated price under these Terms & Conditions.

Katomado Digital reserves the right to discontinue or alter the supply of any product at any time, and to cancel any sale under reasonable conditions, at its sole discretion.

In the event of Katomado Digital having to cancel an order before shipping, the customer will be refunded the total payment for the product(s). This does not affect your statutory rights.

Any group of products paid for by a single payment method on one occasion will be deemed an Order. Each order will be dealt with separately. Each order may be shipped partially.

Katomado Digital’s systems are regularly maintained and updated to the best of Katomado Digital’s ability to ensure the provision of accurate information.

Nevertheless, Katomado Digital cannot always guarantee the continued availability of all items and services and occasionally a product or service may become unobtainable owing to circumstances beyond Katomado Digital’s control.

In such situations, Katomado Digital will notify you as soon as possible and you will be allowed to review your order, and if you choose to cancel the sale, receive a refund for the item or services in question.

Katomado Digital cannot process or dispatch your order until the full payment sum has been cleared.

Katomado Digital will endeavor to process and dispatch your order as soon as possible. Generally, you should allow a few working days from the date of the order until dispatch.

While we aim to provide a good forecast of a delivery date, it should be remembered that these are estimates and we cannot be held liable for any loss arising from late delivery.

Katomado Digital cannot guarantee delivery in the periods specified. For details on shipping and delivery, please contact us.

V. Service and Physical Goods

Katomado Digital provides “Katomado Player” (“Player”) and its accessories, hardware components that are complementary to the Service, and provides the required playback capabilities. A valid account is required for buying these items.

As a complementary component to the Service, Katomado Player has a very low price with little marginal profit for Katomado Digital. As such, Katomado Digital retains the right to adjust its price as exchange rates fluctuate and Katomado Digital’s purchase prices from vendors change.

Katomado Digital may provide Katomado Player units at no cost, along with a prepaid annual subscription to the Service. In such a case, the payment is provided for access to the Service and is subject to Service-related terms, while the Physical Goods are provided free.

Thus, the Service annual fee is non-refundable, even if you are required to return the Physical Goods acquired through this process subject also to compliance with the Service-related terms.

VI. Pricing (Physical Goods)

As a complementary component to the Service, Physical Goods that are available through the Service have very low prices with little marginal profit for Katomado Digital.

As such, Katomado Digital retains the right to adjust physical goods’ prices as exchange rates fluctuate and Katomado Digital’s purchase prices from vendors change.

Katomado Digital cannot accept any responsibility for financial loss arising from exchange rate fluctuation between currencies.

Customers should make their provision for the payment of any import or duty-related taxes arising from their order; in such cases, it is advisable to contact the customs office for accurate and reliable information.

In all cases that Katomado Digital ships Physical Goods, all shipping costs are not included in the price. Shipping costs will be calculated upon checkout and the customer will be charged accordingly.

Further, in all cases in that Katomado Digital ships Physical Goods, import duties, and related taxes and fees are not included in the price of the goods shipped, nor in the shipping cost calculated. Customers are responsible for paying any import duties and relevant taxation.

VII. Health and Safety

All physical goods should be used per the manufacturer’s guidelines, and you are advised to read carefully all literature that accompanies your purchase(s) and use each product only for the purpose intended by the original manufacturer.

Katomado Digital provides all documentation for all physical goods through the Service.

Katomado Digital accepts no responsibility for any death or injury to any person(s), or property damage paid-up, arising from the use or misuse of products or services purchased.

In the event of doubt as to correct usage, you are advised to contact the original manufacturer directly with any queries before using the product(s) or contact Katomado Digital customer support.

VIII. Service Cancellation and Termination

You are solely responsible for properly canceling your Account. An email or phone request to cancel your account is not considered cancellation. The Account Management screen provides a simple “no questions asked” cancellation link.

If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect by the end of your current paid month or year and you will not be charged again. No refunds will be issued.

Katomado Digital, in its sole discretion, has the right to suspend or terminate your account and refuse any all current or future use of the Service for any reason at any time.

Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.

Service cancellation does not entitle you to any kind of additional Physical Goods return rights or refund rights.

Katomado Digital reserves the right to refuse service to anyone for any reason at any time.

IX. Service Modifications and Service Prices

Katomado Digital reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all parts of the Service, including but not limited to monthly and annual subscription plan fees to the Service, are subject to change upon a 30 days notice from us.

Such notice may be provided at any time by posting the changes to the Service itself.

Katomado Digital shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

X. Copyright and Content Ownership

Katomado Digital shall not claim any intellectual property rights over the media and content you provided to the Service. Your profile and materials uploaded remain yours.

You are solely responsible for any content that you broadcast or display through the Service. You hereby confirm that you are authorized or licensed to display any media, content, data, and information you provide to the Service, in the way that the Service reproduces it.

Katomado Digital does not pre-screen Content, but Katomado Digital and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is broadcasted via the Service.

All code and content provided to you by Katomado Digital through the Service are copyrighted and no other use, besides through the Service, is allowed.

All code, content, and information provided by you to Katomado Digital through the Service, will not be used by Katomado Digital outside the scope of the Service.

Katomado Digital will not disclose any type of information to any third party without your explicit written consent, except:

(a) the fact that you are using the Service;
(b) incorporating your usage patterns into reports and statistics about the Service.

In the case of customizations (including, but not restricted to, custom Widgets) developed by Katomado Digital, all relevant code and content provided are copyrighted by Katomado Digital. Unless otherwise expressly stated by Katomado Digital in writing.

Katomado Digital may review customizations (custom Widgets) you have uploaded for screening unlawful derivative works from existing code copyrighted by Katomado Digital.

By uploading such derivative works, you grant Katomado Digital with an irrevocable and nonrestrictive license to use, modify, and distribute the derivative works in any way Katomado Digital sees fit.

The look and feel of the Service are copyrighted. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Katomado Digital.

XI. Resellers and Partners

The Service, technically, provides inherent support for Resellers and Partners.

In the case that you are using the Service to serve your customers, then you are obliged to inform Katomado Digital about the services you provide using the Service and to whom you provide them, along with any other information you may be requested from Katomado Digital.

You may be asked to sign a partnership agreement to continue your business as above.

The Terms of Service apply in whole to
(a) the Account Holder;
(b) users the Account Holder has provided access to the Account, and
(c) end-customers and end-users that may receive services through the Service indirectly by a Third Party acting as a Reseller or Partner.

These apply to both the Service and any Physical Goods purchased through it.

XII. General Conditions

You understand our use of private data, as stated in our Privacy Policy, and you agree with all statements therein.

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is provided to all Account holders, with priority to paying Account holders. Technical support is only available via email, or the designated form through the Service itself. Response times for technical support inquiries are not guaranteed.

You understand that Katomado Digital uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt, or hack the Service or modify another website to falsely imply that it is associated with the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use the Service, or access the Service without the express written permission of Katomado Digital.

Katomado Digital may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

We retain the right to contact you from time to time via email. You can remove yourself easily from the related communication list.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Katomado Digital customer, employee, member, or officer will result in immediate Account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited emails, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

Katomado Digital does not warrant that

(a) the service will meet your specific requirements;
(b) the service will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the service will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
(e) any errors in the Service will be corrected.

You expressly understand and agree that Katomado Digital shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from

(a) the use or the inability to use the service;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the service; and
(e) or any other matter relating to the service or related physical goods.

Failure of Katomado Digital to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

The Terms of Service constitutegovern the entire agreement between you and Katomado Digital and governs your use of the Service, superseding any prior agreements between you and Katomado Digital (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent through our Contact Form Ticket in the Contact section.