User Provided Information
Kipo obtains and stores the information you provide when you download and register for Kipo and any further information you may provide thereafter. Registration with us is mandatory in order to be able to use the basic features of Kipo.
When you register with us and use Kipo, you will provide:
- Your name, email address, username, and password.
- Transaction-related information, such as when you make purchases, including adding additional phones to your Kipo account, or when you download or use additional applications from us.
- Information you provide us when you contact us for help.
- Credit card information for purchase and use of Kipo, and
- information you enter into our system when using Kipo, such as information identifying the user of any additional device linked to your Kipo account.
We may use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
(All of the above “User Provided Information”)
Automatically Collected Information
In addition, the Application may collect certain information automatically, such as the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browsers you use, the remaining battery life for your device and information about the way you use the Application.
Kipo does collect precise information about the location of your device (“Location Information”). This information includes latitude, longitude, accuracy, time, speed and battery levels. We use your location information to provide requested location services, the creation of reports, and several functionalities and sections within the web application like check-ins, forms and places.
(All of the above “Automatically Collected Information”)
Kipo will share your Location Information only with those other users of Kipo whom you have indicated you wish to give access to your Location Information by adding them to your Kipo account and such other third parties as are referred to below.
Do third parties see and/or have access to information obtained by the Application?
Yes. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
- As required by law, such as to comply with a subpoena, or similar legal process.
- When we believe in good faith that disclosure is necessary to protect our rights, to protect your safety or the safety of others, investigate fraud, or respond to a government request provide such request is lawful;
- with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
Kipo does not serve third party advertisements and your information will not be shared with any third party advertisers.
If Kipo is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our web site of any change in ownership or uses of your information, as well as any choices you may have regarding your information.
The nature of Kipo is such that it needs to collect your Location Information in order for the application’s basic functionality to operate. As such, it is not possible to “opt out” of sharing your Location Information. However, you can stop all collection of information by Kipo at any time easily by uninstalling Kipo. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
We will retain User Provided Information and Automatically Collected Information for as long as you use the Application and for a reasonable time thereafter on our secure third party servers. At Kipo we believe that you should own your data and if you would like us to delete User Provided Information or Automatically Collected Information, or transfer it to you, please contact us at email@example.com and we will respond in a reasonable time. Please note that some or all of the User Provided Information or Automatically Collected Information may be required in order for Kipo to function properly on your device or devices, and that we may be required to retain certain information by law.
We do not use Kipo to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve Kipo. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using Kipo, or have questions about our practices, please contact us via email at email@example.com.
End User License Agreement
IMPORTANT – Read Before Installing Or Operating This Software
LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, HAVING INSTALLED, COPYING, OR OTHERWISE USING THE SOFTWARE. IF LICENSEE DOES NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
This license (“License”) applies to the software product (“Software”) you have licensed from Kipo Corp, (“Kipo”) a Florida corporation, and any published corrections, updates, new releases and new versions of such Software. This License is a legal agreement between Kipo and the single entity or individual (“Licensee”) that has acquired Software from Kipo under applicable terms and conditions. The Software may incorporate certain third party software programs that Kipo has full rights to license in conjunction with the Software hereunder.
License Grant; Ownership and Rights of Use
Subject to the terms of this License, Kipo grants to Licensee a non-exclusive, non-transferable license to use the Software in object code form. This License may be terminated by Kipo effective upon notice to Licensee if Licensee fails to pay in full all fees for the Software and/or any Kipo hardware on which this Software is installed. Other than as specifically described herein, no right or license is granted to Licensee to any of Kipo’s trademarks, copyrights, or other intellectual property rights. The Software may incorporate certain third party software, which is used subject to licenses from the respective owners. The protections given to Kipo under this License also apply to the suppliers of this third party software, who are intended third party beneficiaries of this License. Licensee acknowledges that Kipo will retain all right, title and interest in and to the Software and its documentation, all technology, inventions and pre-existing content incorporated in the Software, all derivative works, modifications and enhancements thereto and all intellectual property rights in any of the foregoing. Licensee acknowledges that Kipo will retain all right, title and interest to transactional and performance data (but not to Licensee data) related to use of the Software which Kipo may aggregate and collect, in such a way as to not allow identification of Licensee, any user or any of its suppliers or service providers, for its business purposes (including software use optimization) provided that such use does not (i) include any marketing or sales activities, or (ii) reveal the identity of Licensee, any Licensee employee, supplier or service provider or specific software use characteristics that may be identified to Licensee.
Kipo will make all Software (whether licensed on a subscription basis or in connection with a Kipo appliance) ordered via purchase order available to Licensee for electronic download at an electronic delivery web site to be provided to Licensee. Through the Internet URL, Licensee can access and electronically download to Licensee’s location the current production release as of the effective date of the applicable purchase order of the Software and related Software documentation for each product listed. Provided that Licensee has continuously maintained technical support for the Software listed, Licensee may continue to download the Software and related documentation. Licensee acknowledges that Kipo is under no further delivery obligation with respect to Software under the applicable purchase order, electronic download or otherwise. Licensee is responsible for installation of the Software unless the Software has been pre-installed by Kipo on an appliance Licensee is purchasing under the purchase order or Licensee purchases installation services from Kipo with respect to such Software.
Restrictions; Remote Access; Interoperability
Licensee may not copy or reproduce the Software, and may not copy or translate the written materials without Kipo’s prior, written consent. Licensee may not copy, modify, decrypt, disassemble, reverse compile or reverse engineer the Software, or sell, sub-license, rent, offer on a service bureau or ASP basis, or transfer the Software or any associated documentation to any third party. Except as agreed otherwise in writing, Licensee may not use the Software except as embedded in or preinstalled on (a) a Kipo hardware product (b) Kipo-authorized and supported hardware as offered by an authorized Kipo distribution partner. To the extent required by law, Kipo will provide Licensee, at Licensee’s reasonable request, with interface information needed to achieve interoperability between the Software and another independently created software program upon payment of Kipo’s applicable fee. Licensee will observe strict obligations of confidentiality with respect to the interface information.
Kipo’s standard Software incorporates cryptographic software. Licensee agrees to comply with the Export Administration Act, the Export Control Act, all regulations promulgated under such Acts, and all other US government regulations relating to the export of technical data and equipment and products produced therefrom, which are applicable to Licensee. In countries other than the US, Licensee agrees to comply with the local regulations regarding importing, exporting or using cryptographic software.
Licensee agrees to ensure that its use of the Software will be compliant with all applicable laws of the United States of America and any territory within which Licensee uses the software, including, without limitation, laws relating to privacy and the protection of information. Licensee will, at its expense, defend any suit brought against Kipo based upon a claim that Licensee’s use of the Software is in breach of any applicable laws.
Kipo warrants, that for a period of 90 days from the date of delivery of the Software to Licensee, the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. In no event does Kipo warrant that the Software is error free, that it will operate with any software or hardware other than that provided by Kipo or specified in the documentation, or that the Software will satisfy Licensee’s own specific requirements.
Licensee’s exclusive remedy and the entire liability of Kipo under this limited warranty and any other guarantee made by Kipo is, at Kipo’s option, to repair or replace any Software that fails during the warranty period at no cost to Licensee. Kipo will replace defective media or documentation or, at its option, undertake reasonable efforts to modify the Software to correct any substantial non-conformance with the specifications.
The foregoing limited warranties extend only to the original Licensee (and not to any subsequent purchasers or third parties), and do not apply if the Software (a) has been altered or serviced, except by Kipo or a Kipo-authorized service provider, (b) has not been installed, operated, repaired, or maintained in accordance with Kipo’s instructions, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence or accident, (d) is licensed for beta, evaluation, testing or demonstration purposes for which Kipo does not receive a payment of full purchase price or license fee, (e) has been damaged or rendered defective by the use of parts not manufactured or sold by Kipo or (f) has been operated outside the usage parameters stated in the user documentation corresponding to the Software.
Kipo will, at its expense, defend any suit brought against Licensee based upon a claim that the Software as delivered by Kipo directly infringes a valid patent or copyright. Kipo will pay costs and damages finally awarded against Licensee directly attributable to any such claim, but only on condition that (a) Kipo is notified promptly in writing of such claim by Licensee, (b) Kipo has sole control of the defense and settlement negotiations, (c) Licensee provides Kipo all information and communications received by Licensee concerning such claim, and (d) Licensee provides reasonable assistance to Kipo when requested. Kipo will have the right, at its option and expense, (i) to obtain for Licensee rights to use the Software, (ii) to replace or modify the Software so it becomes non-infringing, or (iii) to accept return of the Software in exchange or for a credit not to exceed the purchase price paid by Licensee for such Software. The foregoing, subject to the following restrictions, states the exclusive liability of Kipo to Licensee concerning infringement.
Kipo will have no liability for any claim of infringement based on: (i) use of a superseded or altered release of the Software, (ii) use of the Software in combination with equipment or software not supplied or specified by Kipo in the Software documentation where the Software would not itself be infringing, (iii) use of the Software in an application or environment not described in the Software documentation or (iv) Software that has been altered or modified in any way by anyone other than Kipo or according to Kipo’s instructions.
U.S. Government Restricted Rights
If any Software is licensed for use by the United States or for use in the performance of a United States government prime contract or subcontract, it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable). Contractor/licensor is Kipo Inc.
Disclaimer; Limitation of Remedy and Liability; Precautions
EXCEPT FOR THE WARRANTIES SPECIFICALLY DESCRIBED HEREIN, KIPO AND ITS THIRD PARTY LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, SPECIFICATIONS, SUPPORT OR SERVICES DELIVERED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER KIPO NOR ITS THIRD PARTY LICENSORS HAVE AUTHORIZED ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES OTHER THAN AS PROVIDED ABOVE. THE COLLECTIVE LIABILITY OF KIPO AND ITS THIRD PARTY LICENSORS UNDER THIS LICENSE WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. NEITHER KIPO AND ITS THIRD PARTY LICENSORS NOR LICENSEE WILL HAVE ANY OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR OTHER GOODS OR SERVICES FURNISHED TO LICENSEE BY KIPO, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Licensee should make periodic backup copies of the data stored on the KIPO HARDWARE or other KIpO-authorized and supported hardware as a precaution against possible failures, alteration, or loss of the data. KIPO is not responsible for damage to or loss of any data stored on the KIPO hardware or other KIPO-authorized and supported hardware.
The license granted in Section 2 is effective until terminated, and will automatically terminate if Licensee fails to comply with any of its provisions. Upon termination, Licensee will destroy the Software and documentation and all copies or portions thereof.
This License will be governed by the laws of the State of Florida, USA without regard to its choice of law rules. The provisions of the U.N. Convention for the International Sale of Goods will not apply. Any provisions found to be unenforceable will not affect the enforceability of the other provisions contained herein, but will instead be replaced with a provision as similar in meaning to the original as possible. This License constitutes the entire agreement between the parties with regard to its subject matter. No modification will be binding unless in writing and signed by the parties.