Terms and Conditions for KraalSense

Effective Date: 30 October 2024

Welcome to KraalSense! These Terms and Conditions (the “Terms”) govern your access to and use of the KraalSense website, mobile application, and any services, content, features, or software provided by KraalSense (collectively referred to as the “Services”).

By accessing or using KraalSense, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using our Services.

1. Definitions

• "KraalSense", “We,” “Us,” or “Our” refers to KraalSense, its owners, employees, subsidiaries, and affiliated companies.
• “You” or “User” refers to any individual or entity using KraalSense Services.
• “Content” refers to all data, information, text, images, videos, or other material that is available through the Services.
• “Account” refers to the User’s registration for access to KraalSense Services.

2. Eligibility

To use KraalSense, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction.
• Have the legal capacity to enter into binding contracts.
• Provide accurate and complete information when registering for an account.

By using our Services, you represent and warrant that you meet these eligibility requirements.

3. User Accounts

• Registration: To access certain features of KraalSense, you must create an account. You are responsible for maintaining the confidentiality of your account credentials.
• Account Security: You agree to notify KraalSense immediately of any unauthorized use of your account or any other security breach. We are not liable for any losses or damages resulting from unauthorized access to your account.
• Account Information: You agree to provide and maintain accurate and complete information during your registration and use of the Services. You are responsible for updating your information as needed.

4. Use of Services

Permitted Use: KraalSense grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal or internal business purposes.

Prohibited Use: You agree not to:

• Use the Services for illegal purposes or in violation of any applicable laws or regulations.
• Modify, reverse-engineer, or attempt to derive the source code of the Services.
• Reproduce, distribute, or otherwise exploit the Services for any commercial purposes without our prior written consent.
• Use any automated tools, such as bots, scrapers, or data-mining tools, to access the Services without permission.
• Engage in any activity that could interfere with the proper operation of the Services, such as hacking or introducing malicious code.

Content Uploads: By submitting any content (including data, text, images, and videos) to the Services, you represent that you have the necessary rights and permissions to do so. You grant KraalSense a non-exclusive, royalty-free, worldwide, and sublicensable right to use, reproduce, modify, and distribute such content as part of providing the Services.

5. Fees and Payments

• Paid Services: Certain features of KraalSense may require payment of fees. You agree to pay all applicable fees for paid Services and authorize us to charge your chosen payment method.
• Billing Information: You are responsible for keeping your payment information current and accurate. If a payment fails, we reserve the right to suspend your access to paid features until the issue is resolved.
• Refunds: Unless otherwise stated in a separate agreement, all payments are non-refundable. However, KraalSense reserves the right to issue refunds in its sole discretion.

6. Privacy

Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our collection and use of your data as described in the Privacy Policy.

7. Intellectual Property

• KraalSense Ownership: All rights, title, and interest in and to the Services, including software, designs, trademarks, logos, and other intellectual property, belong to KraalSense and its licensors.
• User-Generated Content: You retain ownership of any content you submit to the Services. By submitting content, you grant KraalSense a license to use, reproduce, modify, and distribute it as described in these Terms.
• Third-Party Content: The Services may contain links or references to third-party websites or services. KraalSense is not responsible for the content or practices of these third parties and does not endorse or assume liability for any interactions with third-party websites.

8. Termination

• Termination by KraalSense: We may, at our sole discretion, suspend or terminate your account or access to the Services at any time for any reason, including but not limited to a breach of these Terms.
• Termination by You: You may terminate your account at any time by following the procedures provided in your account settings. Upon termination, all rights granted to you under these Terms will cease.
• Effect of Termination: Upon termination, you will lose access to any content or data stored on the Services. KraalSense has no obligation to retain or provide access to such data after termination.

9. Disclaimers and Limitations of Liability

• No Warranty: The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. KraalSense does not guarantee that the Services will be error-free, secure, or uninterrupted.
• Limitation of Liability: To the maximum extent permitted by law, KraalSense is not liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of data, profits, or business opportunities, arising from your use or inability to use the Services.
• Liability Cap: In no event shall KraalSense’s total liability for all claims arising out of or related to the Services exceed the amount paid by you, if any, for accessing the Services in the 12 months preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless KraalSense, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Services or violation of these Terms.

11. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by and construed in accordance with the laws of Botswana, without regard to its conflict of law principles.

Dispute Resolution: Any dispute arising out of or relating to these Terms or your use of the Services will be resolved through binding arbitration in accordance with the rules of [Arbitration Body] in [City, State]. You waive your right to a jury trial or to participate in a class action.

12. Changes to These Terms

KraalSense reserves the right to modify these Terms at any time. Any changes will become effective upon posting the updated Terms on our website or within the Services. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

13. Miscellaneous

• Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and KraalSense with respect to the Services and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: KraalSense’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

14. Contact Us

If you have any questions or concerns about these Terms, please contact us at admin@kraalsense.com.