Last updated: November 23, 2023
Welcome to S-System. These Terms of Service ("Terms") govern your access to and use of our website, applications, and services (collectively, the "Services"), so please read them carefully before using the Services.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
We may modify these Terms at any time, in our sole discretion. If we do so, we will notify you by updating the date at the top of these Terms and by maintaining a current version of the Terms at https://s-system.kquika.com/tos. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.
Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
To use certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
S-System offers various subscription plans with different features and pricing. By selecting a subscription plan, you agree to pay the applicable fees as described on our pricing page or as otherwise communicated to you.
We bill subscription fees on a monthly or annual basis, depending on the plan you select. You authorize us to charge the payment method you provide to us for all applicable fees.
Your subscription will automatically renew at the end of each billing cycle unless you cancel it. You may cancel your subscription at any time by contacting our support team or through your account settings.
We may change our fees and payment structure at any time. If we make a change to existing subscription plans, we will notify you by email or through the Services. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the modified fee amount.
Our Services may allow you to store, upload, or share content such as text, graphics, and data ("User Content"). You retain all rights in, and are solely responsible for, the User Content you upload to the Services.
By uploading User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, and display the User Content solely for the purpose of providing the Services to you.
You represent and warrant that:
All rights, title, and interest in and to the Services (excluding User Content) are and will remain the exclusive property of S-System and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely for your internal business purposes in accordance with these Terms. You may not:
You agree not to engage in any of the following prohibited activities:
The Services may contain links to third-party websites or services that are not owned or controlled by S-System. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that S-System shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
S-SYSTEM DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
IN NO EVENT SHALL S-SYSTEM, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, (iii) ANY CONTENT OBTAINED FROM THE SERVICES, AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN SOME JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless S-System, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, and agents from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect.
The arbitration shall be conducted by a single arbitrator, and shall take place in Delaware.
The decision of the arbitrator shall be final and binding upon both parties, and shall be enforceable in any court of competent jurisdiction.
These Terms constitute the entire agreement between you and S-System regarding the Services and supersede all prior and contemporaneous written or oral agreements between you and S-System.
You may be subject to additional terms and conditions that may apply when you use third-party services, third-party content, or third-party software.
You may not assign or transfer these Terms, by operation of law or otherwise, without S-System's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect.
S-System may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) posting to the Services. Notices sent by email will be effective when we send the email, and notices we post to the Services will be effective upon posting.
To give us notice under these Terms, you must contact us by email at legal@kquika.com or by personal delivery, overnight courier, or registered or certified mail to:
S-System
Attn: Legal Department
1450 Broadway NYC
NY 10018
If you have any questions about these Terms, please contact us at:
S-System
Email: legal@kquika.com
Address: 1450 Broadway NYC, NY 10018