Terms & Conditions

Katmai Tech Inc.
308 G Street, Suite 310
Anchorage, AK 99501
Date: January 29, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY.
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 agree that Katmai is granting you access to the Software and Service subject to these Terms of Use and the MSA with the Customer that authorized your access. You agree the MSA’s terms and conditions apply to your use of the Software and Service. If you have any questions or concerns about your use of the Software or Service under the MSA, please discuss them with the Customer or Katmai by sending an email to support@katmaitech.com. These Terms of Use summarize important requirements for your use of the Software and Service.

1. Authorization

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 support@katmaitech.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.

4. Restrictions

You agree:

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

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 Service and your communications for the purpose of enforcing the restrictions in Section 4 and to maintain the privacy and security of the Service.

6. The Customer’s Privacy, Security, and Confidentiality Practices

The privacy, security, and confidentiality practices of the Customer that authorized your use of the Software and Service is not governed by Katmai’s privacy policy, but instead is governed by the Customer’s privacy policy and any agreements you may have with the Customer. Therefore, we cannot be responsible for the Customer’s protection, privacy, and confidentiality of any information that you provide when communicating with other users of the Customer or for the Customer’s use of your name, voice, or likeness. If you have any questions or concerns about the Customer’s privacy, security, or confidentiality practices, please discuss them with a representative of the Customer.

7. Intellectual Property Rights

a. You acknowledge that (i) the Software and Service are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties, (ii) these Terms of Use permit you to use the Software and Service, but the Software is not sold to you, (iii) the Software and Service belong solely and exclusively to Katmai and its licensors, which own all right, title, and interest in and to the Software and any Intellectual Property Rights associated therewith.

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

KATMAI WILL NOT BE LIABLE TO YOU OR THE CUSTOMER FOR ANY LOST PROFITS, LOST DATA, OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF KATMAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KATMAI’S LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THE TERMS OF USE, THE SOFTWARE, THE SERVICE, OR ASSOCIATED DOCUMENTATION, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, EXCEED TWO HUNDRED AND FIFTY DOLLARS ($250).

10. Support

If you need support for your use of the Service, please contact Katmai technical support at support@katmaitech.com.

11. Suspension or Termination

You agree that Katmai or the Customer is entitled to suspend or terminate your use of the Software and Service if it has reason to believe you have violated any of these Terms of Use. Katmai is not responsible for any harm or damage caused by a decision to revoke or terminate your access to the Software and Service.

12. Governing Law

These Terms of Use are governed by the laws of the State of New York, and you agree that disputes arising under these Terms of Use will be resolved in the federal or state courts located in New York, New York.

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