Terms & Conditions
Katmai Tech Inc.
308 G Street, Suite 310
Anchorage, AK 99501
Date: January 29, 2021
UNAUTHORIZED USE OF THE KATMAI SERVICE IS PROHIBITED.
Katmai Tech Inc. (“Katmai,” “we,” “us,” or “our”) provides a cloud-based 3D video chat software application to authorized users of its customers (the “Software”). The Katmai customer with which you are employed, affiliated, or associated (the “Customer”), which has provided an account to you to use the Software, has entered into a Master Subscription Agreement (“MSA”) with Katmai pursuant to which Katmai provides the Software to the Customer’s authorized users as a managed service (the “Service”).
Katmai’s software offers users a 3D video chat experience in users’ web browsers without the need for virtual reality headsets. Katmai’s software delivers an immersive communication platform on laptop ordesktop computers with webcams. The audio spatialization is highlighted when using a headset; sound is processed to give the listener the impression of a sound source within a three-dimensional environment. Users can have group or private conversations in the same session by navigating their avatars to different areas or virtual rooms within a 3D environment. Screen sharing and on-demand conversations facilitate spontaneous work and social interactions.
You represent and warrant that the Customer has authorized you to use the Software and Service. To the extent and for so long as you are a user authorized by a Customer, you may use the Software and Service for purposes of communicating with other authorized users of the Service.
2. Login Credentials
You agree to protect your login credentials (user name and password) for access to the Service. If you have reason to believe that your login credentials have been lost or compromised, please contact the applicable Customer or Katmai at email@example.com. You agree not to share your login credentials with anyone else and will not allow anyone else to use your account.
3. Use of Your Name and Likeness
You understand and agree that by using the Service, your name, voice, and likeness will be displayed and broadcast to other users. You hereby grant permission to Katmai and the Customer to display and broadcast your name, voice, and likeness in connection with your use of the Software and Service.
a. You will not use the Service to communicate, display, broadcast, or add any information or data to the Service that is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening,harmful to minors, pornographic, indecent, harassing, or hateful, that is religiously, racially, or ethnically offensive; that encourages illegal or tortious conduct; infringes the intellectual property or other rights of third parties; or that is otherwise inappropriate.
b. You will not communicate in, or upload to, the Service 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 Service or Software, 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 robot, spider, scraper, or other automated means to access or monitor the Service for any purpose.
d. You will not reverse engineer, modify, decompile or disassemble, decrypt, or attempt to derive the source code of, the Software or any components thereof except to the extent that you are permitted to do so under applicable law, provided that you notify Katmai of any such activities.
e. You will not resell, rebuild, benchmark, or otherwise use the Software or the Service to provide any services to third parties.
f. You will not interfere with the proper functioning of the Service.
g. You will not attempt to obtain unauthorized access to the accounts of others.
h. You will not record or broadcast any images, video, or audio of any part of the communications or the Customer’s content on the Service without the Customer’s permission.
5. Katmai’s Privacy and Security Practices
6. The Customer’s Privacy, Security, and Confidentiality Practices
7. Intellectual Property Rights
b. You hereby grant Katmai and its subcontractors and agents assisting in the performance of the Service a royalty-free, non-exclusive, sub-licensable license to use, copy, prepare derivative
3works of, perform, distribute, or display any data or information that you communicate in the Service for the purpose of providing the Service
8. DISCLAIMER OF WARRANTIES
EXCEPT AS WARRANTED IN THE MSA, THE SOFTWARE, THE SERVICE, AND ASSOCIATED DOCUMENTATION ARE PROVIDED ON AN “AS-IS” 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.
9. LIMITATION OF LIABILITY
If you need support for your use of the Service, please contact Katmai technical support at firstname.lastname@example.org.
11. Suspension or Termination
12. Governing Law