Terms & Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY
Katmai Tech Inc. ("Katmai," "we," "us," or "our") provides a cloud-based 3D virtual office application (the "Service") to its customers and their authorized users on a software-as-a-service basis, and owns and operates the website www.katmaitech.com (the "Website"). These terms and conditions (the "Terms of Service") govern your access to and use of both the Service and the Website. If your organization has signed a separate written agreement with Katmai covering the Service, that agreement controls where it conflicts with these Terms of Service.
By accessing or using the Service or the Website, you agree to comply with and be bound by these Terms of Service. If you do not agree, do not use the Service or the Website. Katmai may change the Service, the Website, and these Terms of Service at any time. If we make a material change, we will post the updated Terms of Service, indicate at the bottom when they were last updated, and notify customers with an active subscription by email or within the Service. Your continued use of the Service or the Website after the changes take effect means you accept them.
The Website is not for use by anyone under the age of 16. To use the Website, you agree that you are at least 16 years old.
1. CONTENT ON THE WEBSITE
All text, graphics, user interfaces, visual interfaces, photographs, images, trademarks, logos, sounds, music, videos, artwork, drawings, documents and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained or displayed on the Website is owned, controlled or licensed by or to Katmai, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property and unfair competition laws. Katmai reserves all rights in such Content and the Website.
Except as expressly provided in these Terms of Use, no part of the Website or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Katmai’s express prior written consent.
You may use information on Katmai products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Katmai for downloading from the Website, provided that you (1) not remove any proprietary notice language in any copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information or documents.
2. PROHIBITED USE OF THE WEBSITE
You agree:
a) You will not use the Website to communicate, display, broadcast, or add any information or data to the Website that (i) is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, or hateful, that is religiously, racially, or ethnically offensive; (ii) encourages illegal or tortious conduct; (iii) infringes the intellectual property or other rights of third parties; or (iv) is otherwise inappropriate.
b) You will not communicate in, or upload to, the Website any data or information that:
i. may not be disclosed to others pursuant to any restrictions under a confidentiality agreement or trade secret law;
ii. contains or constitutes personal information that you do not have a lawful basis to process;
iii. constitutes or may constitute a breach of, or threat to, the security of the Website, including but not limited to, any electronic information containing software designed to damage or disrupt a system, such as a virus, worm, or Trojan Horse;
iv. may not be transferred outside of your jurisdiction under applicable law, including but not limited to, export restrictions, privacy laws, or laws regulating the transfer of information or data concerning or comprising munitions or weapons (including without limitation International Traffic in Arms Regulations, 22 C.F.R. §§ 120-130) or equivalent foreign laws;
v. constitutes information or data that may not lawfully be processed or possessed under applicable law.
c) You will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, extract, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Katmai reserves the right to bar any such activity.
d) You will not interfere with the proper functioning of the Website.
e) You will not record or broadcast any images, video, or audio of any part of the Website without Katmai’s permission.
f) You will not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Katmai server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
g) You will not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Katmai, including any Katmai account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
3. THE SERVICE AND SUBSCRIPTION
3.1 Access. Subject to these Terms of Service and payment of the applicable fees, Katmai grants each Customer a non-exclusive, non-transferable, non-sublicensable right, during its subscription, to permit its Authorized Users to access and use the Service for the Customer’s internal business purposes.
3.2 Onboarding and configuration. Before Authorized Users are invited, Katmai configures the Customer’s office using information the Customer provides during onboarding, including hardware, network, and user information. Customer agrees that this information will be accurate and complete, and acknowledges that Katmai relies on it to configure and support the Service.
3.3 System requirements. The Service is designed to run on devices and networks that meet Katmai’s system requirements, as published in Katmai’s help center and updated from time to time. Katmai is not responsible for degraded performance, unavailability, or other issues caused by devices, networks, virtual private networks, or other equipment or software that Katmai does not provide.
3.4 Customer responsibilities. Customer is responsible for (a) the acts and omissions of its Authorized Users and of any guests that Customer or its Authorized Users invite into the Service; (b) keeping account credentials confidential and limiting each account to a single individual; and (c) providing any notices to, and obtaining any consents from, its Authorized Users that applicable law requires in connection with Customer’s use of the Service, including the presence and usage reporting the Service makes available to Customer.
3.5 Changes to the Service. Katmai may update, modify, and improve the Service from time to time, and will not materially reduce the core functionality of a paid subscription during its current term.
3.6 Feedback. If you give Katmai suggestions or feedback about the Service or the Website, Katmai may use them without restriction and without obligation to you.
3.7 Fees and Seats. Subscriptions are priced per Authorized User per month (each, a “Seat”). Customer will pay the fees presented at the time of purchase for the number of Seats purchased. Fees are stated in U.S. dollars and exclude taxes. Customer is responsible for all applicable taxes other than taxes on Katmai’s income.
3.8 Adoption Period. Every subscription begins with a commitment of three consecutive monthly billing periods, approximately 90 days (the “Adoption Period”). Fees for the Adoption Period are billed monthly. By purchasing, Customer commits to pay for the full Adoption Period, at no fewer Seats than it purchased at the start of the subscription, even if Customer cancels, reduces usage, or stops using the Service before the Adoption Period ends.
3.9 Renewal. At the end of the Adoption Period, the subscription renews automatically on a month-to-month basis at the then-current number of Seats, and continues to renew each month until Customer cancels.
3.10 Annual option. At the end of the Adoption Period, Customer may instead elect an annual subscription at a 15 percent discount from its monthly Seat price, billed annually in advance. An annual subscription renews for successive one-year terms unless Customer cancels at least 30 days before the end of the then-current term. Katmai will remind Customer of the upcoming renewal and the cancellation deadline between 15 and 30 days before that deadline.
3.11 Cancellation. Customer may cancel by written notice to support@katmaitech.com. Cancellation of a month-to-month subscription takes effect at the end of the then-current billing period, and Customer keeps access until then. Cancellation during the Adoption Period takes effect at the end of the Adoption Period, and fees for the rest of the Adoption Period remain due.
3.12 Changing Seats. Customer may add Seats at any time. Added Seats are prorated for the rest of the current billing period, are billed at Customer’s then-current per-Seat price, and follow the subscription’s existing billing dates and term. Customer may remove Seats effective at the start of the next billing period, except that the number of Seats may not fall below the number purchased at the start of the Adoption Period or of a prepaid annual term while that period or term is running. Katmai does not give refunds or credits for removed Seats.
3.13 Billing and payment. Billing periods run monthly from the subscription start date. The first billing period is charged in full at the start of the subscription, without proration. Customer authorizes Katmai and its payment processor to charge the payment method on file for all fees when due, including recurring fees, until the subscription is cancelled.
3.14 Late or failed payment. If a payment fails or is overdue, Katmai may suspend access to the Service after giving Customer notice and at least 10 days to pay. Suspension does not relieve Customer of its obligation to pay fees.
3.15 Price changes. Katmai may change its prices for future billing periods with at least 30 days’ notice to Customer. A price change does not apply during the Adoption Period or during a prepaid annual term.
3.16 No refunds. Except where required by law or expressly agreed by Katmai in writing, all fees are non-refundable. Katmai does not give refunds or credits for partial billing periods, unused or removed Seats, or cancellation.
4. THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITES
The Website may provide hyperlinks to third party websites (“Third Party Websites”). Katmai does not operate, control, endorse or guarantee any Third Party Websites. You agree that Katmai is not responsible for any content, services and/or products provided by any Third Party Website, nor is Katmai responsible for any practice followed by such Third Party Website with respect to the collection and processing of personal data of their users. When you access any Third Party Website through a hyperlink posted on the Website, please carefully read the terms and conditions of use, privacy policy and other policies of such Third Party Website. Our policies do not apply to any Third Party Website.
If Katmai provides hyperlinks to Third Party Websites it does so only for the convenience of its users. By providing hyperlinks to Third Party Websites, Katmai does not endorse such Third Party Websites or recommend that its users access such Third Party Websites.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY KATMAI, WHETHER EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS KATMAI LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
5. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY KATMAI ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KATMAI AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KATMAI DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM KATMAI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
6. LIMITATION OF LIABILITY
KATMAI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF KATMAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, KATMAI IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, KATMAI’S ENTIRE LIABILITY TO YOU SHALL IN NO EVENT EXCEED TWO HUNDRED AND FIFTY DOLLARS ($250).
7. INDEMNITY
You agree to indemnify, defend and hold Katmai and its affiliates, and its and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Katmai or its affiliates by any third party due to or arising out of or in connection with your use of the Website or any Content.
8. KATMAI’S PRIVACY AND SECURITY PRACTICES
Katmai’s privacy and security practices are governed by Katmai’s privacy policy at [https://katmaitech.com/privacy-policy], as amended from time to time, which is incorporated by reference in these Terms of Use. You agree that Katmai is entitled to monitor your use of the Website for the purpose of enforcing the restrictions in Section 2 and to maintain the privacy and security of the Website.
9. SUPPORT
If you need support for your use of the Website, please contact Katmai technical support at [support@katmaitech.com.]
10. GOVERNING LAW; DISPUTE RESOLUTION
These Terms of Use are governed by the laws of the State of New York (without giving effect to its conflicts of law principles), and you agree that disputes arising under these Terms of Use will be resolved in the federal or state courts located in the City of New York, New York.
11. MISCELLANEOUS
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that the remainder of these Terms of Use shall remain in full force and effect. Katmai’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Katmai of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Katmai and you or any other party be deemed to modify any provision of these Terms of Use.
MAILING ADDRESS
Katmai Tech Inc, 99 Madison Ave 8th Floor, New York NY 10016