Last updated: June, 20th, 2020
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Kaleam offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at firstname.lastname@example.org
In order to access and use certain sections and features of the Kaleam Services, you must first register and create an account with Kaleam (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Kaleam Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the Kaleam Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By using our services, you signify your consent to these terms. You may not use our services if you do not consent to all our terms.
To use certain of our services, you need to create a user account.
You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.
Kaleam.com offers online and mobile services and tools, that let create, manage and or/use your own online and mobile presence.
Our services offer our users the ability to design, link, store, share and otherwise make available certain information, text, graphics, videos, fonts, content and ideas or other material ("Content") and easily create beautiful designs and have an overall great experience doing so – without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating, publishing and use of stunning designs, galleries, media players, mobile and other tools and services. The online and mobile websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”).
You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Subject to your full compliance with the Kaleam Terms and timely payment of all applicable Fees, Kaleam hereby grants you, upon creating your User Account and for as long as Kaleam wishes to provide you with the Kaleam Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Kaleam Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Kaleam Terms, and solely within the Kaleam Services.
The account information you provide us must be your own (or your company’s), and be accurate and complete. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
When a user account is disputed, we may determine the ownership of such user account.
Representations and Warrants
In order to use our services, there are certain obligations and conditions you need to meet.
Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.
In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable Kaleam or your end users to do with it) is legal.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of email@example.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.
Kaleam acts in accordance with its interpretation of the applicable Laws . If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via email, or otherwise provide the following information in writing to our designated Copyright Agent:
All rights, title and interest in and to the Kaleam Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Kaleam Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Kaleam.
The Service is protected by copyright, trademark, and other laws of both the Saudi Arabia 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 Kaleam.
The Kaleam Terms do not convey any right or interest in or to Kaleam’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Kaleam Terms constitutes an assignment or waiver of Kaleam’s Intellectual Property rights under any law.
As between Kaleam and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Kaleam does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Kaleam.
Kaleam 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 Kaleam 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.
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.
If your User Account or any Kaleam Services or Third Party Services related to your User Account are cancelled (whether at your request or at Kaleam’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Kaleam shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Kaleam Services following their cancellation, as determined by Kaleam in its sole discretion.
Cancellation And Refund Policy
If refunds are given, it will be effected only through the original mode of payment
When cancelling a monthly subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
When cancelling an annual subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
Limitation Of Liability
Subject to applicable law, we will not be liable for any damages.
In no event shall Kaleam, 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.
If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.
We may monitor and edit your content.
However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.
There are risks in using our services or anyone else’s services. You accept such risks.
Some of our services are still in BETA, and may contain bugs or experience interruptions.
We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions.
To the fullest extent permitted by law in each applicable jurisdiction, Kaleam, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Kaleam Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Kaleam Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Kaleam Services; (6) events beyond the reasonable control of Kaleam, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Kaleam Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Kaleam’s services to you, and such limitations will apply even if Kaleam has been advised of the possibility of such liabilities.
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.
Kaleam 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.
The Kaleam Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Kaleam Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Kaleam Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Saudi Arabia, without respect to its conflict of laws principles.
The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and Kaleam shall only be resolved on an individual basis and you shall not have the right to bring any claim against Kaleam as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
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.
Kaleam reserves the right to change, suspend or terminate any of the Kaleam Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Kaleam Services (including removal of any materials created by you in connection with the Kaleam Services) for any reason and/or change any of the Kaleam Terms with or without prior notice - at any time and in any manner.
You agree that Kaleam will not be liable to you or to any third party for any modification, suspension or discontinuance of those Kaleam Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Kaleam Services without enabling such changes, or provide you with alternative Services.
We may provide you with notices in any of the following methods: (1) via the Kaleam Services, including by a banner or pop-up within the Kaleam Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Kaleam’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
If a revision is material 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.