Users of the Services offered by Kally acknowledge and accept these terms and conditions.
This document is a legal agreement between you, the user, and The GetApp Corp.. for your use of its website the related apps, (currently Kally) and the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms.
For simplicity, “User,” “you,” “your” and like terms refer to you, the user. “The GetApp Corp.,” “We,” “our,” “us” and like terms refer to The GetApp Corp., which owns and manages the website and the apps. “Site” refers to that website. “Kally” refers to the current app. “Services” means the features and functionality that you can use through Kally. “Agreement” refers to this document, as amended from time to time. Other defined terms are set forth in Section 7.
In order to use the Services, you must read carefully and agree to this Agreement and accept this Agreement by clicking the button for acceptance. If you don’t accept this Agreement you cannot use the Service.
The GetApp Corp. is the owner of the Site, Kally and the Services. You can contact The GetApp Corp. at the following address:
The GetApp Corp
255 Oceanic Avenue
Fort Lauderdale, 33308 Florida, USA
When you register Kally will create an account for you and enable you to create a nickname or screenname. Your account will be accessible by entering the activation code sent on the mobile number you provide upon registration. You are responsible for any use of your account, whether or not you have authorized that use. Make sure that you keep your mobile phone secure at all times. You agree to promptly notify (by email) The GetApp Corp. of any unauthorized access to your mobile phone.
You represent and warrant that, at the time you register and create your account, you are at least 18 years old.
For the features of Kally to work Kally may access your contact list and/or address book and calendar on your mobile device from time to time. You hereby expressly authorize Kally to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service.
You can cancel your account at any time through the interface of Kally or by directly contacting The GetApp Corp. using the contact information above. When you do so, you will no longer be able to use the Services. Please note that the termination of your account might take some time.
The GetApp Corp. has the right to suspend or terminate your access to all or part of the Services, including your account, at any time and without notice if The GetApp Corp. believes that: (i) you have violated or will violate this Agreement; and/or (ii) your access may result in injury to The GetApp Corp. or third parties; (iii) and/or result in violation of law or regulations or an investigation by legal action or governmental involvement.
Subject to the provisions of this Agreement, Kally gives you the right to access and use certain operational features and functionality of the Services during the term of this Agreement.
You may use third-party services or content included in or accessible through Kally, but you must be aware of these third parties' terms and conditions and have consented to such terms and conditions. Kally has no responsibility and no liability whatsoever for your use of third party services or content.
You shall not:
From time to time The GetApp Corp. may change certain aspects of the Services, such as adding or deleting certain features. The GetApp Corp. may also decide to suspend or terminate the Services altogether. If the Services are terminated, The GetApp Corp. will work with you to enable you to withdraw your information in accordance with applicable law.
The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of The GetApp Corp.. The Services might not be available also because the Services are undergoing maintenance.
By submitting, posting or displaying Your Content on or through Kally, you hereby grant The GetApp Corp. a license that is without territorial limits and for an indefinite period, non-exclusive and royalty-free and with the right to sublicense to: use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute Your Content in any media or via distribution methods currently available or developed later. In addition, you hereby grant to all other users of Kally and the Services a license that is without territorial limits and for an indefinite period, non-exclusive and royalty-free and with the right to sublicense only to other users of Kally and the Services solely for the purpose of re-posting through Kally.
You confirm that you have all the necessary rights (including consents) to Your Content.
Kally enables you to read Content accessible through the Services. The GetApp Corp. hereby grants you a license that is without territorial limits and for the term of this Agreement, non-exclusive, revocable and royalty-free and without any right of sublicense to: use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute Content, in all such cases solely to publish, transmit, display and distribute through Kally and the Services. In the event that The GetApp Corp. suspends your account, The GetApp Corp. may also suspend or revoke this license grant and reinstate it as it deems appropriate.
The GetApp Corp. does not moderate the display and circulation of Content but it may choose to suspend or terminate display of any such Content if: (i) complaints are received from other Users; (ii) it receives and accepts a DMCA “takedown notice” that it believes to be valid; (iii) it believes that it must do so in anticipation of, or as part of, legal actions; (iv) action is requested by authorities; or (v) it believes that such content remaining accessible on or through Kally may pose a risk to Users, third parties, the Services and/or The GetApp Corp.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, logos and/or copyrights that appear concerning Kally and all rights in and to the user interface, features and functionality of Kally and underlying software, including code (“The GetApp Corp. IP”) are, and remain, the exclusive property of The GetApp Corp. or its licensors and are protected by the laws in force on trademarks and by related international treaties. The GetApp Corp. does not grant you any rights whatsoever in any The GetApp Corp. IP except to the extent necessary for you to use the Services in compliance with this Agreement.
The GetApp Corp. PROVIDES THE SERVICES TO YOU STRICTLY ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW The GetApp Corp. EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. The GetApp Corp. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF ANY “CONTENT” AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, OMISSIONS OR INACCURACIES IN ANY “CONTENT”; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE “SERVICES” AND “Kally”; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS AND/OR ANY INFORMATION ACCESSIBLE THROUGH SUCH SYSTEMS; (IV) ANY INTERRUPTION OF THE “SERVICES”; (IV) ANY VIRUSES, TROJAN HORSES, BUGS, MALWARE OR THE LIKE IN OR TRANSFERRED THROUGH THE “SERVICES” OR THROUGH THE ACTIONS OF ANY THIRD PARTY; (V) ANY ACCESS TO YOUR MOBILE PHONE AND/OR INFORMATION AVAILABLE THROUGH SUCH ACCESS; AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE “SERVICES.”
The GetApp Corp. DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EVENT, PRODUCT OR SERVICE AVAILABLE THROUGH THE “SERVICES” OR ANY WEBSITE ACCESSIBLE THROUGH THE “SERVICES.”
NO ACTION FROM OR ON BEHALF OF The GetApp Corp. OR ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL The GetApp Corp. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF CUSTOMER DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF The GetApp Corp. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
You agree to defend, indemnify and hold harmless The GetApp Corp., its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from: (i) your use of the Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party.
Under the Digital Millennium Copyright Act (“DMCA”), you can request that The GetApp Corp. remove material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice,” which must comply with the requirements specified by the law. (If you have any question on these requirements that are not answered by this section of the Agreement, please see Section 512(c)(3) of the Digital Millennium Copyright Act).
Your “takedown notice” must include:
You must send this takedown notice in physical form to Kally as follows:
The GetApp Corp..
255 Oceanic Avenue
Fort Lauderdale, 33308 Florida, USA
You can also send a copy by email to legal@theKally.com but you must send the physical version described above to the physical mail address specified.
This Agreement shall continue in effect until it is terminated by either Kally or you. Upon termination, certain provisions of this Agreement shall survive as follows: your grant of licenses under this Agreement shall survive indefinitely; your indemnification obligations shall survive for a period of five years from the date of termination; Kally’s disclaimer of warranties and representations and the provisions under the section called “General Terms” shall survive indefinitely.
The GetApp Corp. reserves the right to amend or otherwise modify this Agreement at any time, informing you by publishing a notice through Kally or otherwise communicating with you. Your continued use of the Services after such changes will signify your agreement with and acceptance of this Agreement with its revised terms. If you do not wish to be bound by the changes, then your only recourse is to discontinue the use of the Services.
This Agreement, and any rights and licenses granted in this Agreement, cannot be transferred or assigned by you without The GetApp Corp.’s prior written permission, but may be assigned by The GetApp Corp. without restriction.
You consent to The GetApp Corp. contacting you by your telephone number or your email address. All communications relating to Kally must be sent using the contacts stated in this document. If you send a communication by email you must have valid confirmation of receipt to provide promptly to The GetApp Corp. if requested.
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The GetApp Corp.’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.
This Agreement and the relationship between The GetApp Corp. and you and any dispute concerning the implementation, interpretation and validity of this Agreement by the laws of the State of Florida, without regard to its conflict of laws principles. The GetApp Corp. and you hereby irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts of Broward County in the State of Florida. Each Party specifically waives any right to trial by jury in any court in connection with any action or litigation.
In addition to the definitions elsewhere in this Agreement, the following terms shall have the definitions provided them:
means the information displayed on Kally and/or any other part of the Services but excluding the links to third-party sites, apps, addresses or phone numbers. “Content” includes Your Content, Kally Content and Other User Content.
means Content that is displayed on Kally by The GetApp Corp. other than Your Content, Third Party Content and Other User Content.
means Content that is uploaded through the Services by entities other than The GetApp Corp. or Users (including You), i.e., excluding Your Content, Kally Content and Other User Content.
means Content provided by Users other than you and could include Your Content that such other Users might re-post.
means the features and functionality provided by The GetApp Corp. through its Site, Kally, any other apps it might develop and provide to Users and through other information it provides.
means any user of the Services, whether a human being or legal entity
means Content provided by you for use (including display) in the Services including from mobile phone access to which you have consented and/or that you post through the Services, including information from third parties such as event information.