Terms and Conditions

Updated: 02.07.2017

These are the Terms and Conditions (“Terms” or “Agreement”) that apply to the use of the Kromtech Website (kromtech.com) and Kromtech Account (account.kromtech.com).

Please read them carefully because they form a legal agreement between you (either an individual or a legal entity) and Kromtech Alliance Corp., with its principal office at MDE’s Building, 1st Floor, Road Town, Tortola, British Virgin Islands (hereinafter referred to as “Kromtech”) (each a “Party” and together, the “Parties”) for the use of the Kromtech Website and Kromtech Account.

KROMTECH ACCOUNT

Only persons aged 13 years or older can create a Kromtech Account. You represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to this agreement, or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful.

If you register for an account on the Kromtech Website, you will be required to provide your email address and a password, which we will store to create an individual user account for you. To protect your Kromtech Account, keep your password confidential. You are responsible for the activity that happens on or through your Kromtech Account.

This information will be used only by Kromtech. Kromtech will not contact you other than to send you Mac Tutorials, Exclusive Offers, Insider Deals, and Newsletters. You can change your subscription preferences or unsubscribe directly from any Kromtech letter that you don't like anytime.

You may use your Kromtech Account to:

USER CONDUCT

You may not engage in any of the following prohibited activities:

PRIVACY PROTECTION

Kromtech’s privacy policy (kromtech.com/privacy) explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Kromtech can use such data in accordance with our privacy policies.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW NEITHER Kromtech NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF THE Kromtech Website AND Kromtech Account OR OTHERWISE IN CONNECTION WITH THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS THAT ARE DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF Kromtech Account AND Kromtech Website IS AT YOUR SOLE RISK. Kromtech Account AND Kromtech Website ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND Kromtech, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. Kromtech DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Kromtech Account OR ON THE Kromtech Website WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF Kromtech Account OR Kromtech Website WILL BE CORRECTED. FURTHERMORE, Kromtech DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Kromtech Account OR Kromtech Website IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. KROMTECH DOES NOT GUARANTEE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT IS GIVEN BY Kromtech, Kromtech AUTHORIZED REPRESENTATIVE OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO Kromtech Account OR Kromtech Website. SHOULD Kromtech Account OR Kromtech Website PROVE DEFECTIVE, YOU (AND NOT Kromtech OR A Kromtech AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS THAT ARE DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU. Kromtech PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA THAT YOU DOWNLOAD BY USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF OPERATING AND USING THE WEBSITE AND ACCOUNT.

INDEMNIFICATION

You agree to defend Kromtech, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold Kromtech, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this License, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of Kromtech Account OR Kromtech Website. Kromtech reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Kromtech upon its request.

LIMITATION OF SUPPORT

Kromtech will make an effort to provide you with email, phone and chat support pertaining to your use of Kromtech Account and Komtech Website. The said support will be limited to topics within the domain of basic usage of Kromtech Account and Kromtech Website.

TECHNICAL AND RELATED INFORMATION

Kromtech and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Kromtech and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Kromtech and its subsidiaries shall be limited in such a manner that Kromtech and its subsidiaries will not be capable of reconstructing the contents of files and folders that you use from within any Kromtech product or any other personal files and folders that are accessible to Kromtech products when you use any of them.

TERM AND TERMINATION

A. Term

The Terms commence on the date when you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.

B. Termination by You

At any time you can unsubscribe from any Kromtech notification emails. You can also correct material inaccuracies in Personally Identifiable Information, such as account or contact information in the Kromtech Account. If you want to delete your account or your personal information that is stored in our databases or want to opt-out of our services, please contact our Customer Support.

C. Termination by Kromtech

These Terms are effective until terminated. Without prejudice to any other rights, Kromtech may immediately terminate these Terms if you fail to comply with any terms of this Agreement. In such event you must cease all use of Kromtech’s Products and destroy all copies of Kromtech’s Products that are in your possession. Inaction of Kromtech to terminate this Agreement after you fail to comply with any of the terms that are set out in this Agreement does not imply a waiver of any kind of the rights that are reserved by Kromtech under this and other provisions.

COPYRIGHT AND RESTRICTIONS

All title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by Kromtech or its licensors. All rights that are not specifically granted by Kromtech are reserved by Kromtech. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of the software. Kromtech is willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Kromtech is the subject of copyright and other intellectual, industrial, or proprietary rights of Kromtech and/or third parties.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be interpreted, construed as if both Parties jointly wrote it, and shall be governed by English law. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English.

CLASS ACTIONS

All claims must be brought in the parties' individual capacity, and not as a claimant or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims.

SURVIVAL OF PROVISIONS

These Terms and Conditions that by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Kromtech Website shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Kromtech or any third party.

CHANGES TO THESE TERMS AND CONDITIONS

Kromtech reserves the right at any time and at its sole discretion to modify and alter these Terms and Conditions with or without prior notice to you. It is your sole responsibility to periodically check for changes in this Agreement. In case you do not agree with these changes please do not use Kromtech Website and/or Kromtech Account.

QUESTIONS?

We are open to any questions on these Terms and Conditions. Please address all your concerns to email.