PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE SOFTWARE. BY CLICKING “I AGREE” OR “ACCEPT” (OR OTHER SIMILAR BUTTON), OR BY OTHERWISE ACCESSING AND/OR USING ANY PART OF THE SERVICE (DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (the "Agreement"), THE DATE OF SUCH OCCURRENCE BEING THE "EFFECTIVE DATE".
THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND KONA EQUITY LLC (“KONA EQUITY”, “KONA” "we”, “us” or “our”), AND GOVERNS YOUR ACCESS AND USE OF THE SOFTWARE AND SERVICES, AS WELL AS ANY FUTURE SOFTWARE OR SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO BIND SUCH ENTITY TO THIS AGREEMENT AND IN SUCH CASE ALL REFERENCES TO “you” HEREINAFTER SHALL MEAN SUCH ENTITY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD, INSTALL OR USE THE SERVICE. BY ACCESSING, INSTALLING, DOWNLOADING OR USING OUR WEBSITE, SERVICES AND/OR SOFTWARE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE YOUNGER THAN 17 YEARS OLD, INCLUSIVE, THAT YOU ARE ACCESSING, INSTALLING, DOWNLOADING OR USING OUR WEBSITE, SERVICES AND/OR SOFTWARE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN AND, IF APPLICABLE, WITH THE SUPERVISION OF A TEACHER, EDUCATOR OR EQUIVALENT), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE EXTENT THAT CONSUMER PROTECTION OR LOCAL LAWS OR REGULATIONS GRANT YOU MANDATORY OR STATUTORY RIGHTS, THIS AGREEMENT SHALL ONLY LIMIT SUCH RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAWS OR REGULATIONS.
1.1 "Intellectual Property Rights" means any and all rights, titles, and interests (under any jurisdiction or treaty, whether protectable or not, whether registered or unregistered, and whether vested, contingent, or future) in and to inventions, discoveries, works of authorship, designs, software, technical information, databases, know-how, mask works, methods, technology, and other intellectual property, and includes but is not limited to patents, copyrights and similar authorship rights, moral (and similar personal) rights, mask work rights, data and database rights, trade secret rights and similar rights in confidential information and other non-public information, design rights, trademark, service mark, trade name, trade dress and similar branding rights, as well as: (i) all applications, registrations, renewals, reexaminations, extensions, continuations, continuations-in-part, provisionals, substitutions, divisions or reissues of or for the foregoing; and (ii) all goodwill associated with the foregoing.
1.2 "Law" means any federal, state, foreign, regional or local statute, regulation, ordinance, or rule of any jurisdiction.
1.3 "License Scope" means any Service usage and/or consumption limitations and parameters (for example, as to volume of users, location, features, duration, etc.) set forth in the Software registration page.
1.4 “Subscription Plan” means any written or electronic order form selected (online or by other means) by you by clicking and/or execution, as applicable, for the provision of the applicable license granted under this Agreement.
1.5 "Service" means the services provided by the Software including, without limitation, a writing assistant Software and the document summarization Software ("Summarization Service").
1.6 "Software" means Kona Equity’s Web platfrom, including all software’s features and interfaces.
2.1 General. Subject to the terms and conditions of this Agreement, during the Term (defined below), Kona Equity grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”), to: (i) use the Software on your computer, tablet, smartphone (“Device”) that you own or control; and (ii) access and use the Software on that Device in accordance with this Agreement and any applicable Usage Rules (defined below); solely for your own personal purposes.
2.2 Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Software; (ii) make the Software available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Software; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Software or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Software or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Software; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (vii) use any communications systems provided by the Software to send unauthorized and/or unsolicited commercial communications; (viii) use the Kona Equity name, logo or trademarks without our prior written consent; and/or (ix) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
2.3 Additional software. Kona Equity may offer you additional software, including certain interfaces (“Additional software”). Subject to the other terms and conditions of this Agreement, you may use Additional software on Devices controlled by you, solely in conjunction with your authorized use of the Services. Upon expiration or termination of this Agreement for any reason, you shall cease any further use of the Additional software and shall promptly destroy all copies thereof in your possession. Certain Services or Software (including Additional software) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Services or Software (“Specific Terms”). In such cases, the applicable Specific Terms will be made available to you and your access to and use of the relevant Services or Software will be contingent upon your acceptance of and compliance with such Specific Terms.
2.4 Hosting. The Service will be hosted by one or more third party hosting services providers or systems selected by Kona Equity at its discretion and from time to time ("Hosting Provider"). The availability of the Service will be subject to the terms and uptime commitments offered by each such Hosting Provider.
In order to access the Service, you may be required to set up an account by submitting the information requested in the applicable form or interface ("Account"). You represent and warrant that all information submitted during the set up process is, and will thereafter remain, complete and accurate. As between Kona Equity and you, you alone shall be responsible and liable for maintaining the confidentiality and security of the Account credentials, as well as for all activities that occur under or in such Account.
4.1 Paid Accounts. You can upgrade your free account to access paid features, which will automatically convert your free account into a 'paid account'. Your paid account will remain effective until it is cancelled or terminated under this Agreement, in which case your account will revert back to a free account. When you upgrade to a free account, we will automatically bill you from the date you converted your account to a paid account and on each periodic renewal (whether it be monthly or annually). If you cancel your paid account, the cancellation will take effect the day of your cancellation and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods. You are responsible for all applicable taxes, and we will charge tax when required. We may change the fees applicable to a paid account but will give you advance notice before those changes take effect and any price change will apply to your next billing cycle. You can cancel your paid account at any time via emailing email@example.com.
4.2 Automatic Billing Cycles. To ensure uninterrupted services, all subscriptions to Kona Equity (including all paid accounts) are renewed automatically using the credit card we have on file. All of our subscriptions are renewed at the standard subscription rate when the current subscription term ends. If you don't cancel your Subscription, you authorize Kona Equity to automatically charge you the agreed price each month until you cancel the Subscription.
4.3 Renewal and Cancellation. Your applicable payment to Kona Equity will automatically renew at the end of the applicable Subscription period, unless you cancel your Subscription before the end of the then-current Subscription period. You may cancel your Subscription at anytime by emailing firstname.lastname@example.org. The cancellation will take effect immediately, unless your agreement has a 12 month minimum for which it will take effect the day after the last day of the current Subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods.
4.4. Subscription Fees. In consideration for the Services, you will have to pay the applicable, non-refundable subscription fees set forth in the Subscription Plan (“Subscription Fees”) at such times and for such periods as set forth therein. Your payment may be processed through a third party payment processing service, and additional terms may apply to such payments. We reserve the right to use other third party payment processing services for such purposes in the future. Unless otherwise stated in the Subscription Plan, all amounts payable under this Agreement are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies and duties. For all versions of the Services, we reserve the right in the future to charge a fee for features and/or uses which are currently made available free of charge. Any failure to pay applicable charges may result in you not having access to some or all of the Services.
4.5. Suspended Accounts. In the event that a user's account is suspended for any reason, including but not limited to violation of our terms of service, the user will still be responsible for any fees owed for the use of our platform and will continue to be billed until the account is terminated or the user cancels their subscription.
Last updated: March 2023