Terms of Service

Last modified: April 20, 2023

Introduction
These Terms of Service (“Terms”, “Terms of Service”) are used to determine the rules of the Service and to clarify the legal relationship between the person using the Service accessible at murai.ai and the Company. Kalmia d.o.o. (“Company”, “We”, “Us”) operates Website (as defined below in Section 2) and API (as defined below in Section 2), together called “Service”. The address of the Company's registered office is Kapucinski Trg 7, 4220 Škofja Loka, Slovenia. The Service cannot be used by a person under the age of majority under applicable law years of age, or if under the age of majority that they are either an emancipated minor, or possess the legal consent of a parent or legal guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms, and to abide by and comply with this Terms. Using the Service in any manner, also by going through the Account registration process, the User or the Guest declares that (i) he/she has read, understood and accepts the provisions of the Terms and Privacy Policy and all other rules, policies and procedures relating to our services that we may publish from time to time (ii) his/her age and legal capacity enables to conclude an agreement with the Company. If the User does not agree to apply under the provisions of the Terms, he/she should not use the Service.
Our Services are offered and controlled by the Company from its facilities in the Slovenia and data related to the Services is hosted in Slovenia. The data that is collected from our business partners via their SDKs will be stored in accordance with their privacy policies. If you access or use the Services from other jurisdictions, you do so at your own risk. We make no representations that the Services are appropriate or available for use in other locations. You are responsible for knowing and complying with applicable laws of your jurisdiction. If such laws conflict with your use of the Services, you are not permitted to use them.

Definitions
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Account: Refers to the personalized panel for the User to utilize the Website and/or the Service.
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Agreement: Refers to the subscription agreement that may be established between the User and the Company, specifying the price and scope of Service usage.
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API: Refers to the murai application programming interface that can be integrated with the User's software.
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Company: Refers to Kalmia d.o.o., with a registered office at Kapucinski Trg 7, 4220 Škofja Loka, Slovenia.
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Content: Refers to the materials, such as text, pictures, and others, that the User or Guest publish, present, or send on the Website or through the Service.
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Device: Refers to electronic equipment, such as a computer, telephone, smartphone, tablet, or others, that allows for browsing web pages.
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Guest: Refers to an entity browsing the Website.
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Intellectual Property: Refers to any designations, inventions, utility models, industrial designs, works, and other creative expressions subject to the Company's exclusive rights.
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License: Refers to the non-exclusive right to the User's personal use of the API and/or the Widget.
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Link: Refers to a hyperlink pointing to the Other Website.
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Mobile Device: Refers to a portable device, such as a telephone, smartphone, tablet, or other electronic equipment, that operates the Website and/or the Service.
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Notification: Refers to a message sent to the User as part of the Service.
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Other Websites: Refers to websites other than the Website.
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Password: Refers to the User's anonymous verification tool that enables access to the Account, consisting of a sequence of signs entered using the keyboard of a computer or Mobile Device, and at least 8 signs long.
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Privacy Policy: Refers to the Privacy Policy that defines the rules for processing personal data by the Company, accessible at https://www.murai.ai/privacy.
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Service or Services: Refers to the Website, Widget, and/or API (depending on the User's dedicated scope under the Agreement).
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Terms: Refers to these terms of service, available at https://www.murai.ai/terms.
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User: Refers to an entity who owns the Account.
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Website: Refers to the web pages located at https://www.murai.ai.
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Widget: Refers to the murai widget that can be implemented on the User's website.

The above definitions apply regardless of whether they are expressed in the singular or plural. Headings are for reference purposes only and do not limit the scope or extent of such section and shall not affect the interpretation hereof.

General Rules

By using the Service, the User or Guest agrees to be bound by these Terms. These Terms apply only to the relationship between the Company and the User or Guest. If the Service or Website offers the possibility of services provided by other entities, these services will be governed by the regulations of those entities, and they will be solely responsible for the provision of those services, except where the Terms explicitly indicate otherwise. Every entity using the Service and/or Website must use it in accordance with its intended purpose as set out in the Terms. The use of the Website is allowed if the Device meets the following minimum technical requirements: it has access to the Internet; it can run one of the following internet browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge; the internet browser version used is not older than one year; and it has JavaScript enabled. Using the API requires the following minimum technical requirements: it has access to the Internet, and it has software that enables sending HTTP requests. Using the Widget requires the following minimum technical requirements: it has access to the Internet, it can run one of the following internet browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge; the internet browser version used is not older than one year; and it has JavaScript enabled. It is recommended to install antivirus software on the Device or Mobile Device. You must provide at your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use our Services. We do not guarantee that Our Services are available in all geographic locations. You acknowledge that when you use the Services, Your wireless carrier may charge you fees for data, messaging, and/or other wireless access. Check with Your carrier to see if there are any such fees that apply to You. You are solely responsible for any costs You incur to access our Services from Your mobile device and/or PC device.

Account

To create an Account, simply visit the Website and log in using either Google account or register by providing your personal Email and a Password. It is important that you provide accurate, complete, and current information when creating your Account. Failure to do so may result in the termination of your Account and access to the Service. You are responsible for maintaining the confidentiality of your Account and Password and restricting access to your Device or Mobile Device. You are also responsible for all activities that occur under your Account and/or Password, whether through our Service or a third-party service. Please notify us immediately if you become aware of any security breaches or unauthorized use of your Account. When choosing a username, please ensure that it is not already in use by another person or entity or subject to any legal restrictions. Offensive, vulgar, or obscene usernames are strictly prohibited.

Communications

When you create an Account, you have the option to subscribe to our newsletters, marketing or promotional materials, and other information that we may send.

Subscriptions

The Service offers some features that require a subscription ("Subscription(s)"). You will be charged in advance on a recurring basis ("Billing Cycle"), either monthly or annually, depending on the subscription plan you select when purchasing the Subscription. Unless you cancel your Subscription or the Company cancels it, your Subscription will automatically renew at the end of each Billing Cycle under the same conditions. To cancel the Subscription renewal, you may either do it through your Account or contact the Company's customer support team at support@kalmia.si. A valid payment method, such as a credit or debit card, Apple Pay, or Google Pay, is required to process the payment for your subscription. You must provide the Company with accurate and complete billing information, including your full name, email address, country, business's legal entity name, VAT tax number, and valid payment method information. By submitting your payment information, you authorize the Company to charge your Account for all Subscription fees incurred using that payment method. In case automatic billing fails for any reason, the Company will issue an electronic invoice requiring you to make a manual payment within a specified deadline, covering the billing period indicated on the invoice. We reserve the right to refuse or cancel your order for reasons such as service unavailability, errors in the service's description or price, errors in your order, or other reasons. We may also refuse or cancel your order if we suspect fraud or unauthorized or illegal transactions. The Company is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country where the person submitting the order resides or is located. The person submitting the order is responsible for paying these additional fees.

Fee Changes

The Company reserves the right to modify Subscription fees for Subscriptions at its sole discretion and at any time. Any changes to Subscription fees will take effect at the end of the current Billing Cycle. The Company will provide you with reasonable prior notice of any changes to Subscription fees to allow you the opportunity to terminate your Subscription before the changes take effect. By continuing to use the Service after any changes to Subscription fees have taken effect, you agree to pay the modified Subscription fee amount.

Refunds

Paid Subscription fees are non-refundable except where required by law.

Content

Our Service and Website enable you to share, store, link, and make available various types of content, such as text, videos, graphics, or other materials (“Content”). You are responsible for the Content that you post on or through the Service, especially to your customers. You represent and warrant that any Content you post on or through the Service or Website is your own or that you have the right to use it and to grant us the rights and licenses as set forth in these Terms. Additionally, you represent and warrant that posting your Content on or through the Service does not infringe on the rights of any third party, including but not limited to privacy rights, publicity rights, copyrights, contract rights, or any other rights. If any User is found to be infringing on copyright, we reserve the right to terminate their Account. You retain all rights to any Content you post on or through the Service or Website and are responsible for protecting those rights. We do not assume any liability for the Content that you or any third party posts on or through the Service, although by posting Content using the Website, you grant us the right and license to use, modify, publicly display, publicly perform, reproduce, and distribute that Content through the Website. The Company may choose to monitor and edit all Content provided by Users, but we are not obligated to do so. Users and Guests are fully responsible for their Content, including liabilities arising from third-party intellectual property rights claims, and must indemnify the Company for any such claims.

Prohibited Uses
You are only permitted to use the Service or Website in accordance with these Terms and for lawful purposes. You must not use the Service or Website:
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In a way that infringes upon the rights of others or is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
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To harm or exploit minors in any way or expose them to inappropriate content;
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In a way that breaches any applicable national or international law or regulation;
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To restrict or inhibit anyone else's use or enjoyment of the Service or Website, or to harm or offend the Company or other Users of the Service or Website, as determined by us;
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To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
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To send or procure the sending of any unsolicited or unauthorized advertising or promotional material, such as spam or chain letters.
In addition, you agree not to:
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In a way that infringes upon the rights of others or is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
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To harm or exploit minors in any way or expose them to inappropriate content;
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In a way that breaches any applicable national or international law or regulation;
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To restrict or inhibit anyone else's use or enjoyment of the Service or Website, or to harm or offend the Company or other Users of the Service or Website, as determined by us;
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To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
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To send or procure the sending of any unsolicited or unauthorized advertising or promotional material, such as spam or chain letters.

Analytics

We may use third-party service providers to monitor and analyze the use of our Service and Website. Google Analytics is a service provided by Google for tracking and reporting website traffic. It enables us to monitor the use of our Service and Website by collecting and analyzing data. Google may use this information to contextualize and personalize ads within their own advertising network. This data is also shared with other Google services. If you would like more information on Google's privacy practices, please visit their Privacy Terms web page: https://policies.google.com/privacy?hl=en. We encourage you to review Google's policy for safeguarding your data at https://support.google.com/analytics/answer/6004245.

Intellectual Property
The Company and its licensors exclusively own and will continue to own the Service, the Website, and their original content, features, and functionality (excluding Content). The Service and Website are protected by copyright, trademark, and other laws in Slovenia and other applicable jurisdictions. The Company's trademarks and trade dress cannot be used in connection with any product or service without the prior written consent of the Company. By using the Service, the Guest and the User do not acquire any rights to the Intellectual Property. Using the Intellectual Property for any purposes other than those resulting from authorized personal use, is prohibited. Subject to full compliance with these Terms, we hereby grant User or Guest a personal, limited, worldwide, non-exclusive, non-transferable license for the term of these Terms to make use of our Services, as well as to access and make non-commercial, personal use of the Content (the “License”).
The sole purpose of this License is to enable you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
You agree that you are using our Services for your own personal and non commercial use and that you will not use our Services or any portion thereof in any manner not expressly permitted by these Terms and/or applicable law, including without limitation, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, display, sell, license, or otherwise transfer and make available by uploading, posting, emailing, transmitting or otherwise; and will not directly or indirectly induce, instruct or allow any person to do so.
Our software is merely licensed and not sold to you, so We retain all rights, titles and interests of all copies of our software applications even after installation on your personal electronic devices.
These Terms do not entitle You to receive, and does not obligate Us to provide hard copy documentation, support, telephone assistance or enhancements or updates to the Services. If You violate this Terms, We have the right, at Our own discretion, to prohibit You and/ or Your email from creating and/or being used in an account within Our Services.
Upon purchasing a Subscription, the User receives a limited, non-transferable, revocable, non-exclusive License to use the Service in accordance with the Subscription's conditions. The User cannot sublicense the License and can only use the Service in the following forms of exploitation: subscribing and installing the Service on the User's website and/or software, and using the Service to serve the User's customers.
The User cannot modify, reverse engineer, decompile, disassemble, or attempt to derive source code from the Service or Website or any portion thereof. The User is also prohibited from creating and/or publishing APIs or proxying access to the Service or Website or using the Service or Website in an automated manner by a machine or computer program.
Service might incorporate the GPT API, which is owned by OpenAI. By using the Service, you acknowledge that your use of the GPT API is subject to OpenAI's terms of service (https://openai.com/terms/) and privacy policy (https://openai.com/privacy/). You also acknowledge that OpenAI retains all intellectual property rights in and to the GPT API, and that your use of the Services does not grant you any rights in the GPT API or its associated intellectual property.

Intellectual Property Rights Policy
We take the intellectual property rights of others seriously and have a strict policy to address any claims of Content posted on the Service or Website that infringe on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or authorized representative and believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please send an email to support@kalmia.si with the subject line “Intellectual property rights Infringement”. Your claim should include a detailed description of the alleged infringement as outlined below. Please note that if your claim is found to be false or made in bad faith, you may be held liable for damages, including costs and attorneys' fees, related to the infringement of any Content found on and/or through the Service or Website on your copyright.
If you are the owner of the intellectual property right or a person authorized to act on owners’ behalf and believe in good faith that any Content made available through our Services infringes your intellectual property right, please let us know. You may submit a written notice of alleged copyright/intellectual property rights infringement to our designated copyright agent at the following address:
KALMIA, Računalniški studio, d.o.o.
Kapucinski trg 7
4220 Škofja Loka
Slovenia
or
support@kalmia.si

A notification of alleged copyright/intellectual property rights infringement should include:

(1)
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2)
Identification of the copyrighted work/intellectual property right claimed to have been infringed, or, if multiple copyrighted works/intellectual property rights are covered by a single notification, a representative list of such works.
(3)
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit as to locate the material.
(4)
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(5)
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright/intellectual property rights owner, its agent, or the law.
(6)
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the above listed notice requirements, your notice may not be valid and may not be taken into consideration or investigated upon.
When properly notified by a rightful person that any Content infringes a copyright, we shall expeditiously investigate the claim and may in our absolute discretion take appropriate actions.

Error Reporting and Feedback
The Company strives to assist Guests and Users with any issues related to the Service's functionality and seeks to improve the Service's quality through feedback provided by these entities.
If you have any information or feedback regarding our Service, including errors, suggestions for improvement, ideas, problems, complaints, or other related matters, you may send it directly to support@kalmia.si ("Feedback"). By submitting Feedback, you acknowledge and agree that: (i) you have no claim to any intellectual property or other rights, title or interests in the Feedback; (ii) the Company may have similar development ideas to the Feedback; (iii) the Feedback does not contain confidential or proprietary information from you or any third party; and (iv) the Company is not obligated to keep the Feedback confidential. If mandatory laws prevent the transfer of ownership of the Feedback, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use the Feedback (including copying, modifying, creating derivative works, publishing, distributing, and commercializing) in any way and for any purpose.

Links to Other Websites
The Company is not responsible for any Other Websites linked to our Service and/or Website that are not owned or controlled by us. We are not liable for the content, privacy policies, or practices of any Other Websites. We do not endorse the offerings of any of these entities/individuals or Other Websites. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY 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 OTHER WEBSITES. It is recommended that you carefully read the terms of service and privacy policies of any Other Websites that you visit.

Disclaimer of Warranty
THE COMPANY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE OPERATION OF THE SERVICES, THE INFORMATION, CONTENT, OR MATERIALS INCLUDED IN THEM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE USER OR THE GUEST AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ITS SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY OF THE COMPANY SOFTWARE AND TO STOP USING THE SERVICE.

Limitation of Liability
The Company will not be held liable for any consequences arising from compliance with the content of tips, articles, or other publications on the Website or the Service, including content provided by the AI computer. You acknowledge that the AI computer providing the content in the Service and/or the Website is not an expert and may be mistaken, and therefore, you cannot rely on its answers or advice. In particular, it cannot replace any professional recommendation. The Company will not be liable to the customers of the User for the use of the Service and the Content provided by the Service to the User's customers. The Company will not be held liable for any consequences of installing or sending any malicious software, phishing, or any other practices undertaken by other entities to the Service. The Company will not be liable for any breaks in the operation of the Service. The Company will not be held liable for any consequences of phenomena known as force majeure, including power outages, fires, atmospheric phenomena, wars, riots, strikes, and other similar events that are not within the control of the Company. TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER THEY ARISE (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THESE TERMS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

The Guest’s/User’s Liability
The Guest and/or User shall bear full responsibility for the consequences of authorized or unauthorized distribution of any content accessible on the Website or through the Service, including Intellectual Property. The liability shall also cover the release of the Company from any claims in this regard if such claims are made against the Company. The User shall be solely responsible for any Content published, presented, sent, or otherwise provided to their customers during the use of the Service.

Indemnity
To the fullest extent permitted by applicable law, The Guest and/or User agree to indemnify, defend and hold the indemnified parties harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to any claim demand or action brought or asserted against any of the indemnified parties: (1) alleging facts or circumstances that would constitute your breach of the terms; (2) arising form, connected to or related to the content or any activity in which The Guest and/or User engage on or through the Services; and (3) violation by The Guest and/or User of any law or the rights of a third party.
You agree that a breach of these terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

Service breaks
The Company cannot guarantee the permanent accessibility of the Service or the Website. The Company reserves the right to introduce breaks in the operation of the Website or the Service or their specific functionalities. If a planned break is intended, the Company shall notify users by posting relevant information or a message on the Website or via the email provided when setting up the Account at least three days before the planned break date. In the event of unintended breaks in the operation of the Website or the Service or their specific functionalities, the Company shall immediately inform users by posting relevant information or a message on the Website or via the email provided when setting up the Account. By accepting the Regulations, users acknowledge that the Services may not be 100% reliable.

Service breaks
The Company processes personal data with due diligence and ensures adequate technical and organizational security measures. Detailed information on the protection of personal data can be found in the Privacy Policy. The Company shall not be liable for the personal data protection of the User's customers who use the Service. The Company shall not be liable for the content and rules of personal data protection and privacy on other websites, including those linked to by the Service. The Company shall not be liable for damages caused by browsing other websites or posting personal data or other information on them. Users are advised to read the rules of personal data protection and privacy on other websites, including those linked to by the Service, before starting to use them, particularly before publishing their own personal data or other essential information on these websites.

Term and Termination
The terms of these Terms shall commence on the date You install or otherwise use the Services and shall end on the earlier of the date of Your disposal of the Services or termination of this Terms. You may terminate these Terms by ceasing to use the services.
We reserve the right, at our sole discretion, to immediately terminate or suspend your Account and access to the Service without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms. If you wish to terminate your Account, you may simply discontinue using the Service. All provisions of these Terms that, by their nature, should survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall remain in effect.

Governing Law and Dispute resolution
These Terms shall be governed and construed in accordance with the laws of Slovenia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms shall 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 shall remain in effect. These Terms constitute the entire agreement between us regarding the Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Except as otherwise stated herein, any claim or controversy between the Parties arising out of or relating to these Terms (including its formation, interpretation, performance and breach) shall be referred to and finally resolved by arbitration under the LCIA Rules. Costs and expenses for the arbitration procedure from the preceding paragraph shall be divided between the parties according to the success in the arbitration process.

Availability of Services
Due to the continuous development and growth of our Services, the availability of Services is subject to change. We will do our best to keep our Services available at all times. However, we cannot guarantee that the Services will be continuously available without interruption. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. You further acknowledge and agree that the Services may be temporarily unavailable for causes beyond our control. We shall not be liable to you for any disruptions of Services as a result of interruptions arising from the foregoing.

Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

Amendments To Terms
We may amend these Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. In case of any discrepancies between these Terms and the Agreement (if concluded), the provisions of the Agreement shall be applicable. The aforementioned sentence also applies to any amendments to these Terms introduced in the Agreement.

Waiver And Severability
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Acknowledgement
BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. BY ACCEPTING THESE TERMS YOU ACKNOWLEDGE THAT YOU ARE PROFICIENT IN THE ENGLISH LANGUAGE, OR HAVE CONSULTED WITH AN ADVISOR WHO IS SUFFICIENTLY PROFICIENT IN ENGLISH, SO AS TO ALLOW YOU TO UNDERSTAND THE CONDITIONS OF THIS TERMS.

Contact Us

If you wish to contact us, please send an email to support@kalmia.si

Kalmia d.o.o.

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