Terms & Conditions

Welcome to Kymta (“we,” “our,” or “us”). These Terms & Conditions (“Terms”) govern your use of our website, kymta.com (the “Site”), and any related services, features, or content (collectively, the “Services”). By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please discontinue use of our Site and Services immediately.

1. Acceptance of Terms

By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms as well as our Privacy Policy. If you do not agree with all the terms and conditions set forth here, you are not authorized to use our Site or Services.

2. Eligibility

To use our Site or Services, you must:

Be at least 18 years old (or the age of majority in your jurisdiction).
Have the legal capacity to form a binding contract.
Comply with all applicable laws and regulations.

If you use our Site or Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Changes to Terms

We reserve the right to modify or update these Terms at any time and at our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of this page. Your continued use of the Site or Services following the posting of changes indicates your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using our Site and Services.

4. Intellectual Property Rights

Unless otherwise stated, we own all intellectual property rights in the Site and its contents, including but not limited to text, graphics, logos, images, and software. These works are protected by copyright, trademark, and other intellectual property laws.

Limited License: We grant you a non-exclusive, non-transferable, revocable license to access and use our Site and Services solely for your personal or internal business purposes.
Restrictions: You may not copy, modify, distribute, sell, lease, or create derivative works based on the Site or any part of it without our explicit written consent.

5. User Accounts

You may be required to create an account or provide certain information to access specific features or areas of the Site.

Account Security: You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.
Accuracy of Information: You represent and warrant that all information you provide is accurate, current, and complete. We reserve the right to suspend or terminate your account if any information is found to be inaccurate or misleading.

6. Prohibited Conduct

You agree not to:

Use the Site or Services for any unlawful purpose.
Interfere with or disrupt the operation of our Site or Services, or servers or networks connected to our Site.
Gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks.
Upload or transmit viruses or other harmful components.
Use any automated means to access or scrape the Site without our express permission.
Post, transmit, or share any content that is abusive, defamatory, harassing, or otherwise objectionable.

7. User Content

If you submit or post any information, content, or materials (collectively, “User Content”) on the Site, you represent and warrant that:

You have all the necessary rights to distribute User Content.
The User Content does not infringe or violate the intellectual property rights or privacy rights of any third party.
Your User Content does not contain any defamatory, libelous, or otherwise unlawful material.

You grant Kymta a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display your User Content in connection with operating and promoting the Site and our Services.

8. Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by Kymta. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the terms and policies of any third-party sites you visit.

9. Disclaimer of Warranties

Your use of the Site and Services is at your own risk. To the fullest extent permitted by law, Kymta disclaims all warranties, express or implied, including but not limited to:

Accuracy: We do not guarantee the accuracy or completeness of the information and materials provided on our Site.
Non-Infringement: We make no warranty that any content or services provided will not infringe the rights of others.
Fitness for Purpose: We do not warrant that the Site or Services will meet your requirements or be uninterrupted, timely, secure, or error-free.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Kymta and its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses arising from:

Your access to or use of, or inability to use, the Site or Services.
Any conduct or content of any third party on the Site or Services.
Any unauthorized access, use, or alteration of your transmissions or content.
Any other matter relating to the Site or Services.

In no event shall our aggregate liability for all claims related to the Site or Services exceed the amount you paid us, if any, in the twelve (12) months preceding the date of the incident causing the liability.

11. Indemnification

You agree to defend, indemnify, and hold harmless Kymta and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney’s fees) arising out of or related to:

Your use of and access to the Site or Services.
Your violation of these Terms.
Your infringement of any third-party right, including intellectual property rights or privacy rights.
Any claim that your User Content caused damage to a third party.

12. Termination

We reserve the right to terminate or suspend your account or access to our Site or Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Kymta is headquartered, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction.

14. Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kymta regarding your use of the Site and Services, superseding any prior agreements between you and us.