Terms of Use

These Terms of Use (“Terms”) govern your access to and use of kitelytech.com (the “Site”), which is operated by KitelyTech, Inc. (“KitelyTech,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms and to our Privacy Policy and Cookie Policy, which are incorporated by reference. If you do not agree, do not use the Site. If you use the Site on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

Informational Purpose Only

The Site and its content are provided for general informational purposes about KitelyTech and our services. Nothing on the Site constitutes professional, legal, financial, technical, or other advice, and you should not act or rely on any content on the Site without seeking appropriate professional guidance. The Site does not create any consulting, advisory, or other professional relationship between you and KitelyTech. No such relationship is formed, and no engagement is created, unless and until KitelyTech and you enter into a separate written agreement signed by KitelyTech. Any descriptions of our services, methodologies, results, or capabilities on the Site are general in nature, may change, and are not a promise or guarantee of any particular outcome.

Intellectual Property

The Site and all content on it, including text, graphics, logos, images, layout, design, and software, are owned by KitelyTech or its licensors and are protected by United States and international intellectual property laws. The KitelyTech logo is a registered trademark of KitelyTech, Inc. Katalyst Launchpad™, Katalyst Enable™, and Katalyst Custom™ are trademarks of KitelyTech, Inc. You may not use any KitelyTech name, logo, or trademark without our prior written permission. Except as expressly permitted in the “Use of the Site” section below, no license or right to any KitelyTech content or intellectual property is granted to you, and all rights not expressly granted are reserved.

Use of the Site

Subject to these Terms, KitelyTech grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own informational and internal business purposes. This license does not include any right to resell or make commercial use of the Site or its content; to copy, reproduce, distribute, republish, or create derivative works from Site content except as expressly permitted; or to use the Site other than as intended by KitelyTech. KitelyTech may suspend, restrict, or terminate your access to the Site at any time, for any reason, without notice.

Acceptable Use

You agree not to:

• use the Site in violation of any applicable law or these Terms;
• access, tamper with, or use non-public areas of the Site or KitelyTech's systems, or probe, scan, or test the vulnerability of the Site or breach any security or authentication measures;
• interfere with or disrupt the Site, its servers, or networks, including by transmitting malware, or impose an unreasonable load on our infrastructure;
• use any robot, spider, scraper, or other automated means to access, monitor, or copy the Site or its content, or to collect or harvest information from the Site, without our prior written permission;
• use the Site content, in whole or in part, to develop, train, or improve any machine learning or artificial intelligence model or system, without our prior written permission;
• misrepresent your identity or affiliation, or use the Site to transmit unsolicited or unauthorized advertising; or
• encourage or assist any third party in doing any of the foregoing.

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We reserve all remedies available to us for any violation of this section.

Third-Party Links and Content

The Site may contain links to third-party websites, services, or resources that KitelyTech does not own or control. We provide these links for convenience only, and their inclusion does not imply our endorsement. We are not responsible for the content, products, services, or practices of any third party, and your use of any third-party site or service is at your own risk and subject to that third party's terms and policies.

Disclaimer of Warranties

The Site and all content, materials, and information on it are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, KitelyTech disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. KitelyTech does not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components. KitelyTech makes no warranty regarding the accuracy, completeness, reliability, or currency of any content on the Site. Any reliance on Site content is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, in no event will KitelyTech or its officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or relating to your access to or use of, or inability to access or use, the Site or its content, whether based in contract, tort (including negligence), strict liability, or any other theory, and whether or not KitelyTech has been advised of the possibility of such damages. To the fullest extent permitted by law, KitelyTech's total cumulative liability for all claims arising out of or relating to the Site or these Terms will not exceed one hundred U.S. dollars (US$100.00). The limitations in this section apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless KitelyTech and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your misuse of the Site, your violation of these Terms, or your violation of any applicable law or the rights of any third party in connection with your use of the Site.

Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules. You agree that the exclusive jurisdiction and venue for any such dispute will be the state and federal courts located in Oakland County, Michigan, and you consent to the personal jurisdiction of those courts.

Changes to the Site and These Terms

KitelyTech may modify, suspend, or discontinue the Site or any part of it at any time, with or without notice, and is not liable to you for doing so. We may also revise these Terms from time to time. When we do, we will update the effective date at the top, and if the changes are material we will provide a more prominent notice as appropriate. Your continued use of the Site after revised Terms take effect means you accept the revised Terms.

General

Entire agreement

These Terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between you and KitelyTech regarding your use of the Site and supersede any prior understandings on that subject. These Terms do not govern any separate written agreement between you and KitelyTech for services, which is governed by its own terms.

Severability

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect, consistent with its intent.

No waiver

Our failure to enforce any provision is not a waiver of that provision or of any other.

Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment in violation of this section is void. KitelyTech may assign these Terms, in whole or in part, at any time without notice, including in connection with a merger, acquisition, financing, or sale of assets.

Relationship

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and KitelyTech.

Headings

Headings are for convenience only and do not affect interpretation.

Contact Us

If you have questions about these Terms, contact us at:

KitelyTech, Inc.

2211 S. Telegraph Road, Bloomfield Hills, MI 48302-7619

Email: info@kitelytech.com

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