Licensing Terms

Merchant User License Agreement

This merchant user license agreement (the “agreement”) dated as of the date of acceptance by means of a click-through, is made by and among kroid.net, the Kroid company and the entity designated by the registration data provided herewith (licensee) and licensee’s use of services provided by kroid.net.

Read these licensing terms carefully before using the software or services of kroid.net. By using the services of kroid.net, licensee thereby accepts and agrees to become bounded by kroid.net’s terms of license.

Kroid.net reserves the right to modify the terms of this agreement by providing notice of changes on the kroid.net website. Licensee agrees to periodically inspect the kroid.net website to stay informed about such changes. Licensee agrees that licensee’s continued use of the kroid.net service after such changes are announced constitute acceptance of such changes.

Licensee agrees that the software and website services are provided “as is.” Any use of the kroid.net software and website is at licensee’s sole and absolute risk. In no event will kroid.net be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the licensed software or the kroid.net website services, errors in or loss of any data, even if kroid.net is advised of the possibility of such damages. Specifically, kroid.net is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of use of the software or services, loss of data, the costs of recovering data, any claims by third parties, or for other similar costs. Kroid.net makes no warranty of any kind as to the suitability or adequacy of the kroid.net software or website services for a particular purpose or non-infringement.

Licensee acknowledges and agrees that sharing of its account information, login information or passwords shall be at its sole and absolute risk and that kroid.net shall not be liable for any damage arising as a result of such sharing.

Kroid.net shall retain the ownership of this copy of kroid.net software and the documentation provided therewith (referred to as a single entity, or as components, as “the licensed software”) which is licensed on a non-exclusive basis for use under the following conditions.

Permitted uses

Subject to the terms hereunder, kroid.net hereby grants to licensee a limited, non-exclusive, non-transferrable license, without the right to sub-license, to install and operate the licensed software and to operate an account on the Kroid.net website solely for the benefit of licensee and not for any third party, until the termination of this agreement. Any rights not expressly granted hereunder are reserved. There are no implied rights of any kind.

Prohibited uses/you shall not

(a) Make copies of or further distribute the licensed software, including copying onto any other medium,
(b) Distribute, rent, sublicense, lease, resell, or assign the licensed software,
(c) Alter, modify or adapt the licensed software or the Kroid.net website, including but not limited to, translating, decompiling, disassembling, reverse engineering, or creating derivative works,
(d) Export the licensed software without the appropriate foreign government licenses and without Kroid.net’s prior written approval,
(e) Resell, rent or otherwise provide access to the Kroid.net website services to a third party or
(f) Take any action in an attempt to obtain any other Kroid.net user’s data, cause malfunction, crash, Tamper with or otherwise impair the Kroid.net website and IT services. Any rights not expressly granted hereunder are reserved by Kroid.net.

No rights in the Kroid.net software or services are granted, whether expressly or by implication, including, without limitation, any rights in any patents, copyrights, trademarks or trade secrets embodied therein, except in connection with the permitted uses expressly described herein.

Fees

Licensee agrees to timely pay the monthly fee set out in the order form as required by the Kroid.net website. You agree to the billing policy, incorporated herein, and located here. Failure to comply with or otherwise pay fees due is a material breach of this agreement.

Data

Licensee acknowledges and agrees to the terms of the Kroid.net privacy policy located here. Kroid.net agrees that between licensee and Kroid.net, licensee’s data maintained by licensee on the Kroid.net website belongs to licensee. Licensee hereby grants permission to Kroid.net for Kroid.net to use the data solely for providing licensee the Kroid.net account, improving and maintaining the Kroid.net website services and for analytical purposes in a manner where such data is aggregated with other user data and cannot be readily reverse engineered into personally identifiable information.


End Customer Personal Information

Licensee agrees that notwithstanding anything to the contrary herein, licensee shall handle any personally identifiable information that it inputs into the Kroid.net system in the following manner: (i) in the event licensee seeks to export such data, licensee shall use a commercially reasonable contact management tool to provide an opt-out mechanism for anyone who has provided licensee personally identifiable information that is stored on Kroid.net’s systems, (ii) licensee agrees that Kroid.net can delete such data in the event the person whose data it exercises the Kroid.net opt-out mechanism and (iii) any use of such data by licensee shall comply with Kroid.net’s privacy policy. Licensee shall indemnify and hold harmless Kroid.net from any claim brought against Kroid.net alleging that personal information stored on Kroid.net was improperly used where such use was by licensee while such information was stored on Kroid.net or any use after licensee has exported such data.


Termination

Licensee may terminate this license at any time. Kroid.net in its sole discretion, has the right to suspend or terminate this license and your account and refuse any and all current or future use of the service for any reason at any time if you do not comply with this agreement. This license and licensee’s right to use the licensed software and Kroid.net services will automatically terminate if licensee fails to comply with any provision of this agreement. Licensee must (i) pay amounts due and payable, (ii) refrain from any kind of reverse engineering or other act in violation of this agreement or (iii) indemnify Kroid.net with regard to end customer personal information upon termination of this agreement. Upon termination, licensee will destroy all copies of the licensed software and documentation onto which the licensed software or documentation has been installed. Upon termination, Kroid.net shall terminate the licensee’s access to their Kroid.net account, the account itself and the data residing therein. Licensee must export their account data prior to termination of the service. Kroid.net shall not be responsible for licensee account data after termination. In addition, Kroid.net reserves the right and licensee acknowledges such right for Kroid.net to terminate service of licensee’s account on 30 days' notice if Kroid.net determines in its sole discretion that it is not capable of fully meeting the apparent requirements of licensee.


Confidentiality

Licensee agrees that the licensed software and the operation of the Kroid.net services and its processes is the confidential information of Kroid.net and agrees not to disclose such software or such operation and processes to any third party. Licensee agrees that breach of this duty of confidentiality shall cause irreparable harm for which monetary damages would be difficult to quantify or insufficient and therefore Kroid.net shall be entitled to immediate injunctive relief.

Licensee agrees that the licensed software and the operation of the Kroid.net services and its processes is the confidential information of Kroid.net and agrees not to disclose such software or such operation and processes to any third party. Licensee agrees that breach of this duty of confidentiality shall cause irreparable harm for which monetary damages would be difficult to quantify or insufficient and therefore Kroid.net shall be entitled to immediate injunctive relief in the event of breach without an obligation of posting bond.

Some countries do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.