Last updated: 13.09.2022

 

 

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the Kayaka website (‘Website’ available at https://kayaka.app), the Kayaka content such as text, graphics, images, icons, information and other material (‘Content’) and our iOS and Android mobile applications (‘Service’) operated by Kayaka (‘us’, ‘we’, or ‘our’). We are committed to protecting and respecting the privacy of our users (‘you’, ‘your’). Please read these Terms and Conditions carefully before using the Service.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, all applicable laws and regulations, and agree that you are responsible for complying with any applicable local laws. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

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Billing terms

 

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

 

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

 

You can at any time cancel the renewal of your subscription. If you wish to cancel the purchase we cannot provide a refund. Please check Apple’s and Google’s terms and payment policies, which may not provide refunds. If you wish to cancel the renewal of your subscription you can do so at any time via the App Provider. You will not receive a refund for the remainder of your subscription and you will still have access to our Service until the end of your subscription period.

 

The renewal subscription fees will continue to be billed to the payment method you provided, automatically until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.

 

The free trial is not valid if you have previously redeemed a trial offer.

 

Kayaka reserves the right to suspend or cancel your order if the payment is not processed, if we suspect the order is fraudulent, or in other situations we deem appropriate. We will not charge you or refund the charges for orders that we cancel.

 

Content

 

In the event that you upload any photographs, text or other media to the Website or the Service, we have the exclusive right to use any and all such elements of the uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, printed publications, presentations, promotional materials, events and associated marketing materials, videos, or web sites, in perpetuity throughout the world as our Company in its sole discretion sees fit without further consent or payment. Kayaka has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Kayaka has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Kayaka may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Kayaka’s sole discretion. Kayaka is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

 

Users of the app and of the application must only post Uploaded Content that is owned by themselves, and no other third parties

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Accounts

 

Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person.

 

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

 

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Intellectual Property

 

Unless otherwise specified, the Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Kayaka and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kayaka. You are not allowed to copy, or modify the Service, any part of the Service, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the Service, and you also shouldn’t try to translate the Service into other languages, or make derivative versions. The Service itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Kayaka.

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Links To Other Web Sites

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by Kayaka.

 

Kayaka has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Kayaka shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

 

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

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Limitation Of Liability

 

In no event shall Kayaka, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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Disclaimer

 

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

Kayaka, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

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Rules of Conduct

 

By using this site, you agree that you will not submit, upload or distribute any information that:

1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;

4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website, Service or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the site, services or information; or

6. (a) does not generally pertain to the designated topic or theme of the relevant public forum; (b) violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including ‘flaming,’ ‘spamming,’ ‘flooding,’ ‘trolling,’ and ‘griefing’ as those terms are commonly understood and used on the Internet.

 

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

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Governing Law

 

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

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Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. In the case of a revision we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

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Contact Us

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If you have any questions about these Terms, please contact us by e-mail at hello@kayakalabs.com.