Terms of Use
Welcome to KATO Legal. We’re glad you’re here, and we hope you enjoy everything we have to offer.
These Terms and Conditions are effective as of January 1st, 2024. Please read these Terms carefully because they are a binding agreement between You and KATO.
Kato shall publish the terms and conditions of these Terms of Use on its service website (Katolegal.com) to ensure convenient access by Members.
1. Terms of Services
1.1.
These Terms and Conditions constitute an agreement between KATO ́s Members (“Members”) and KATO, (each, a “Party,” and collectively, the “Parties”), governing the access to the Services and the www.katolegal.com site (the “Site”), software, data feeds, information, tools, features, and functionalities available on the Site and/or all and any customer service solutions offered and operated by KATO (the “Services” or “Service”).
1.2.
By accepting this Agreement, either by entering, visiting, accessing and/or using a Service, You agree to be bound by this Agreement as of the date of such access or use of the Service (the “Effective Date”). If You are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and representing to KATO that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “Member”, “Customers”, “You,” “Your” or a related capitalized term herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not use or authorize any use of the Services
1.3.
KATO reserves the right, at our discretion, to amend these Terms of Use to the extent not violating applicable laws. In that case, we will add a new date at the top of the document (“Effective Date”) and provide You with prior notice of seven (7) days for any change on the “Terms of Use Update” page of our website. We also may notify Members of the change using contact information, email, or other means. The revised Terms of Use will be effective as of the published effective date. Any failure of a Member to expressly object to the amendment by the day preceding the effective date of such an amendment would be considered as a consent to the amendment of the Terms of Use. In case You Continue to use the Services and/or Site after any changes, You agree to be bound by such modifications or revisions.
1.4.
The Terms of Use shall, in principle, apply as of the time each Member agrees hereto until the Member’s cancellation of membership. Provided, however, that some clauses of these Terms of Use may remain valid even after such Member’s membership cancellation.
1.5.
Any matters not specified herein or interpretation of thereof shall be governed by the operation policy, user guidance, and applicable laws.
2. Use of the Services
2.1. KATO offers several Services:
- AI Paralegal: used to automatically to provide information on legal matters based on the context given by the Member and perform legal research on various legal topics (hereinafter, the “Session”). In this regard, the AI Paralegal service will give answers to phrases (questions) according to the relevant Member’s specification. The Session is considered started from the moment a user writes on the window chat or when by opening the window chat the bot executes an action, such as bring information through an integration or opens an Ad (proactivity tool); or, for customers with the General Data Protection Regulation (GDPR) Package activated, when the Privacy Policies are accepted. A Session may have unlimited interactions and will be deemed ended in the following cases: (i) Inactivity of User for a term of twenty (20) minutes; (ii) Rerouting the Conversation to another channel (Live, external form, telephone operator, etc.); (iii) Active option to end the conversation in the chat window.
- Document Review: Document Review Platform (“DR”) is a referential database that allows Members to submit a document in order to obtain legal advice, facilitating the access to information from any channel. A Session is considered started from the moment the user raises and inquiry by submitting the questionnaire and attaching the relevant document(s). A legal team will review the documents and re-submit the document with the necessary comments within forty-eight (48) hours of the Member submitting the inquiry. The Session may have one (1) interaction per inquiry and will be deemed ended after receiving the reviewed document through the Site.
- Calculator Services: A service that facilitates the calculation of several aspects. There are four (4) uses to the calculator: (i) Calculating Sharia Inheritance, (ii) Calculating permissible rental increase, (iii) Calculating Court fees, (iv) Calculating tort. A Session is considered started from the moment the user enters the numbers and clicks on “calculate”. A Session may have unlimited interactions and will be deemed ended one the window is closed.
2.2.
You acknowledge that KATO may modify the features and functionality of the Services during the subscription term. We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Sites or Services at any time. If you use any of the features, functionalities, channels, Sites or Services you accept to be charged and pay for that service.
2.3.
KATO shall provide You with commercially reasonable advance notice of any deprecation of any material feature or functionality.
3. Knowledge
3.1.
The Services allow Members to create, publish or upload information, links, photos, documents, or other materials (“Knowledge”), and share them with third parties.
Members undertake not to create, upload or publish Knowledge that: (i) may result in a risk of damage, loss, physical injuries or mental distress, death, disability, disfigurement or physical or mental illness, to Members or to any person or animal; (ii) may result in a risk of damage to any individual or property; (iii) is intended to damage or exploit minors exposing them to inappropriate Knowledge, requesting them to submit information, whether personal or otherwise; (iv) may constitute or contribute to any kind of crime, wrong or tort; (v) contains any information or Knowledge considered illegal, harmful, abusive, ethnically or racially offensive, defamatory, or information that intrudes on personal privacy, or that is harassing, or humiliating for other persons or slanderous, threatening or profane; (vi) contains any unlawful information or Knowledge (including but not limited to, the disclosure of confidential information by law or third parties ‘commercial information); (vii) contains any information or knowledge which Members have no authority to disclose; or (viii) contains any information or Knowledge which Members know is incorrect or out of date (ix) infringes any third parties’ rights, including without limitation, intellectual property rights or rights to privacy.
3.2.
Members shall retain ownership of the Knowledge; however, Members authorize KATO to use, copy, reproduce, process, adapt, amend, publish, transmit, edit, translate, show and distribute such Knowledge in connection with the provision of the Services or if in the opinion of KATO, are required to adjust such Knowledge to any requirement or restriction of any network, device, service or means of communication.
Members accept that KATO may use the Knowledge as well as the questions and answers, interactions, and any contents owned by Members, in order to improve its processes and algorithms and artificial intelligence.
3.3.
KATO reserves the right but shall in no manner be obliged, to decline and/or delete any Knowledge that, at its entire discretion, is deemed to infringe these provisions. Besides, it reserves the right to have access to, read, maintain, and disclose any information if it thinks it is reasonably required to (i) comply with any applicable law, regulation, legal proceeding or governmental request; (ii) enforce these Terms of Service, including the investigation of any alleged infringement thereof; (iii) detect, prevent, or in any manner address any issues related to fraud, safety or technical issues; (iv) answer to users requests for assistance; or (v) protect the rights, property or security of KATO, its users and the general public.
4. Use of the Knowledge
All Knowledge included in the Services, whether public or transmitted by Users privately, is the exclusive responsibility of the creator of such Knowledge. KATO does not endorse, support, represent or warrant the entirety, veracity, exactness or reliability of any Knowledge created, loaded to, or published in the Services and it does not support any opinion made through the use of the Services. KATO has no capacity to supervise and/or control the Knowledge created, loaded to, or published with the use of the Services; thus, it cannot assume any liability in relation to such Knowledge or for any loss or damage whatsoever incurred as a result of the use of any Knowledge contained in the Platforms.
Therefore, if Members use or rely on any Knowledge or materials created, loaded to or published with the use of the Services, it shall be under their exclusive liability. Members hereby accept that they are solely responsible for the use of the Services, and for any Knowledge provided through them, and for the consequences thereof, including the use of their Knowledge by other Users and third parties. Member hereby represent and warrant to have all the rights, powers and authority required to grant the rights conferred under this document on any Knowledge delivered by the Member.
5. Setting up the Service
5.1.
Member will comply with the technical requirements and specifications of the Service together with any other requirements and specifications KATO may specify in writing from time to time, for example in respect of providing and improving other KATO services which the Member may be interested in receiving. These technical specifications may include the following operations: (i) including software code, tags and cookies supplied by KATO on Member’s websites and, if applicable, email newsletters; (ii) supplying KATO with catalogue files of the Member’s products and/or services to be included in the Service; and (iii) supplying KATO with the Member’s logos and other Member Content to be displayed in ads, banners or similar.
6. Members Account
6.1.
When Members create their account (“Account”), Members must provide accurate information to KATO. The Account gives Members access to the Services, features and functionalities of the Platforms, which may be, from time to time, modified at KATO ́s sole discretion; provided that such modifications do not alter the essence of the Services. KATO may hold different types of accounts for different types of Members. If Users connect to the Platforms through a third-party service, Users give permission to KATO to have access to and use their information through the Service, and store Users data of admission to that service.
6.2.
The Admin(s) of an Account are, severally and jointly, deemed as the authorized representatives of the Member, and any decision or action made by any Admin, is deemed as a decision or action of Member. An Admin may assign or add other members of the Account as Admins, which possess important privileges and controls over the use of the Service and the Account, including, without limitation: (i) control your (and other Users) use of the Account; (ii) purchase, upgrade or downgrade the Service; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, control, remove, share posts or otherwise change, all or part of the Customer Data (as defined below); and (iv) integrate or disable integration with Third Party Services. You also acknowledge that your Account can become managed by a representative of the entity that owns or controls the email address domain with which your Account was created or registered.
Customer is solely liable and responsible for understanding the settings, privileges and controls for the Service and for controlling whom Member permits to become an admin and what are the settings and privileges for them. Member is responsible for the activities of all of its Admin(s),
including transactions made through and how Customer Data is used, even if those Users are not from Member’s organization or domain or when given access to third parties through an API, token, or similar platforms or systems. Further, Customer acknowledges that any action taken by a User of Members’s Account, is deemed by us as an authorized action by Member, hence Member shall have no claim in this regard and is solely responsible.
6.3.
Member is solely and fully responsible for all activities that occur under its business. Member shall not assign or transfer any of Member’s rights or delegate any of the Member’s duties under Member’s use of the Service, without the express prior written consent of KATO. Member must notify KATO immediately of any unauthorized use of its website and/or any of the services or any other breach of security.
7. Acceptable use of the Services.
7.1.
KATO trusts that the Member and/or User shall use the Services responsibly. Therefore, the Member and/or User undertake not to misuse the Services and hereby undertake not to:
(i) sell, perform any acts of disposition, lend, deliver, license, transfer or loan for use in whole or in part, or on a temporary or permanent basis, free of charge or for a valuable consideration, any of the Services to third parties, unless upon prior express written authorization of KATO;
(ii) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Platform and/or the Service in any way;
(iii) interfere with or disrupt the operation of the Platform and/or the Service, or the servers or networks that host the Platform and/or the Service or make the Platform and/or the Service available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers and/or networks;
(iv) interfere with or violate any other Members and/or Users’ right to privacy or other rights, or harvest or collect data and information about other Member and/or User without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index and/or data-mine information;
(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including Members and/or Users, or include such unlawful, hateful, obscene, indecent, or otherwise illegal content in the ads, banners and/or content posted, transferred or uploaded by Member and/or User on or through the Platform and/or the Service;
(vi) impersonate any person or entity, including, but not limited to, any KATO agent or representative, falsely state or otherwise misrepresent Member ́s affiliation with any person or entity, or express or imply that KATO endorses the Member, the Member’s Application, Member’s business or any statement Member make, or present false information about KATO, the Platform and/or the Service or any other services or products User ́s linked via Member ́s website and/or other websites;
(vii) create, transfer or send unwanted or unsolicited commercial E-mail (spam) to other Members, and/or Users or any third party using the Service;
(viii) transmit, distribute, display or otherwise make available through or in connection with the use of the Service and/or Platform any virus, worm, Trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(ix) create a database by systematically downloading and storing all or any of KATO’s Intellectual Property, or any other generated content from the Platform and/or the Service;
(x) provide false, inaccurate or misleading information in any of the content provided, posted, transferred or uploaded by the User, or any User Generated Content and/or Third parties, on or through Member’s website or other websites, Platform and/or the Service, or similar;
(xi) post, transfer or upload on or through the ads and/or banners any content which infringes any third-party Intellectual Property rights, including trademarks, copyright and patent rights, or other proprietary rights, or contain any unlawful material;
(xii) violate any law, statute, ordinance or regulation, including, but not limited to, those governing import/ export control, consumer protection, unfair competition, anti-discrimination or false advertising; or
(xiii) use the Service and/or Platform for any illegal, unlawful or unauthorized purpose. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(xiv) Use the Service to harm minors in any way;
(xv) Use the Platform/Services for any other purpose that it was intended, including, but not limited to, asking questions that are out of the scope of an AI Paralegal, engaging in non-legal topics of conversation, using the AI’s Knowledge to unilaterally draft articles, university papers, or others.
7.2.
Member’s failure to comply with the provisions set forth herein may result in the removal as a Member or denial of access and/or use the Service as a Member, and may expose the Member to civil and/or criminal liability.
7.3.
Without limiting any other remedies available to it, KATO may, without prior notice, limit, suspend, or terminate its Service, and take technical and legal steps to deny Member ́s access to its Account, use the Service, under its sole discretion.
8. Payments
8.1.
For KATO to be obliged to provide the Services to Members, it is an essential condition that the service should be paid in due time and manner according to Service’s online subscription, agreement, contract or Service Order, wherever applicable according to Member category and form of contracting. If Members fail to comply with this condition, KATO shall be entitled to cancel the Service and to require pecuniary compensation.
8.2.
All information Member provides in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. Members accept that the use the Service or any additional features or functionalities not envisaged in the initial subscription or contract, Service fees and charges will automatically be invoiced monthly as long as nothing to the contrary is agreed. Member agrees to pay all charges incurred for the use of the Service by wire transfer or credit card depending on the plan used, including current taxes or those hereafter imposed upon or required to be collected by KATO, by any authority in connection with or arising from the Service and/or this Agreement.
8.3. Discounts and Promotions.
Unless expressly stated otherwise in a separate legally binding agreement, if Member received a special discount or other promotional offer, Member acknowledges that upon renewal of its Subscription, KATO will renew such Subscription, at the full applicable Subscription Fee at the time of renewal, unless agreed otherwise.
8.4. Payment through Partner.
If Member purchased a Service from a Partner reseller or distributor authorized by KATO (“Reseller”), then to the extent there is any conflict between these Terms and the agreement entered between Member and the respective Reseller, including any purchase order (“Partner Agreement”), then, as between Member and KATO, these Terms shall prevail. Any rights granted to Member and/or any of the other Users in such Reseller Agreement which are not contained in these Terms, apply only in connection with the Partner. In that case, Member must seek redress or realization or enforcement of such rights solely with the Reseller and not KATO. For clarity, Member’s and its Users’ access to the Service is subject to our receipt from Partner of the payment of the applicable Fees paid by Member to Partner. Member hereby acknowledges that at any time, at our discretion, the billing of the Subscription Fees may be assigned to us, such that Member shall pay us directly the respective Subscription Fees.
9. Term and Termination; Suspension.
9.1. Term.
These Terms are in full force and effect, commencing upon the Effective Date, until the end of the Service underlying the Account, either paid or unpaid, unless terminated otherwise in accordance with these Terms.
9.2. Termination for Cause.
Either Member or KATO may terminate the Service and these Terms, upon written notice, in case that (a) the other party is in material breach of these Terms and to the extent, curable, fails to cure such breach, within a reasonable cure period, which shall not be less than 30 days following a written notice from by the non-breaching party; or (b) ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 45 days.
9.3. Termination by Member.
Member may terminate its Subscription to the Service by cancelling the Service, whereby such termination shall not derogate from Member’s obligation to pay applicable Subscription Fees. Unless mutually agreed otherwise by Member and KATO in a written instrument, the effective date of such termination will take effect at the end of the then-current Subscription Term, and Member’s obligation to pay the Subscription Fees throughout the end of such Subscription Term shall remain in full force and effect, and Member shall not be entitled to a refund for any pre-paid Subscription Fees.
9.4. Effect of Termination of Service.
Upon termination or expiration of these Terms, Member’s Subscription and all rights granted to you hereunder shall terminate, and we may remove access to KATO platform. It is Member’s sole liability to export Data prior to such termination or expiration. Unless expressly indicated herein otherwise, the termination or expiration of these Terms shall not relieve Member from its obligation to pay due Subscription Fees.
9.5. Suspension.
Without derogating from our termination rights above, we may decide to temporarily suspend the Account and/or a User Profile (including any access thereto) and/or our Service, in the following events: (i) we believe, at our sole discretion, that you or any third party, are using the Service in a manner that may impose a security risk, may cause harm to us or any third party, and/or may raise any liability for us or any third party; (ii) we believe, at our sole discretion, that you or any third party, are using the Service in breach of these Terms or applicable Law; (iii) Member’s payment obligations, in accordance with these Terms, are or are likely to become, overdue; or (iv) Member’s or any of its Users’ breach of the Acceptable Use clause. The afore-mentioned suspension rights are in addition to any remedies that may be available to us in accordance with these Terms and/or applicable Law.
10. Intellectual Property
10.1.
All rights, title and interest on the Services (excluding Knowledge provided by the Users) are and shall remain as the exclusive property of KATO. The Services are protected by copyright and trademark laws and other laws of the United Arab Emirates and abroad. Nothing contained in these Terms and Conditions shall grant the Member and/or User the right to use the name KATO or any of KATO’s trademarks, logos, domain names and other distinctive features of the trademark.
10.2.
KATO logo and all other proprietary identifiers used by KATO in connection with the Services and/ or Platforms (the “Company Trademarks”), “KATO”, “KATOLegal” are all trademarks and/or trade names and/or service marks of KATO, whether or not registered. All other trademarks, service marks, trade names and logos, which appear on the Site, Platform and/or Services, belong to their respective owners (the “Third Party Marks”). No right, license, or interest to the Company Trademarks is granted hereunder, and Member agrees that no such right, license, or interest shall be proclaimed by Member with respect to the Company Trademarks or third-party Marks.
10.3.
Software used to provide the Services as a whole, as well as each of their constituents, updates, source codes, new versions, processes, images, animations, modules, video, audio, texts, and algorithms or sub-programs added thereto, and printed materials or material in electronic or digital form added to them, and any copy thereof, are the intellectual property of KATO and KATO retains all its rights, the use of which is permitted to the Member within the limits set forth in these Terms of Use. Such rights are protected by national and international laws and provisions and by international copyright laws, treaties, and intellectual property rights. Member undertakes not to remove or delete copyright notices, trademarks, and trade names and in general, any notice contained in the documents related thereto.
10.4.
The remarks, opinions, suggestions or comments that may be given by Members in relation to the Services, shall be for information purposes only. KATO may use these remarks, opinions, comments or suggestions as it deems appropriate, but this shall not create any obligation to the Member.
10.5.
Member hereby acknowledge and accept that KATO may include Member ́s name in KATO’s public list of Members, for which purpose, it may identify the Member by the use of its trademark, logo and/or trade name.
11. Privacy and Security
11.1. Security.
KATO implements reasonable security measures and procedures to assist in protecting your Data.
11.2. Privacy Policy.
As a part of accessing or using the Service and the Sites, we may collect, access, use and share certain Personal Data (as defined in the Privacy Policy) from, and/or about, you. Please read our Privacy Policy, which is incorporated herein by reference, for a description of such data collection and use practices.
11.3. Anonymous Information.
Notwithstanding any other provision of these Terms, we may collect, use and publish Anonymous Information (defined below) relating to your use of the Service and/or Sites, and disclose it for the purpose of providing, improving and publicizing our products and services, including the Sites and Service, and for other business purposes. “Anonymous Information” means information which does not enable identification of an individual, such as aggregated and analytics information. KATO owns all Anonymous Information collected or obtained by KATOLegal.com.
11.4.
Member acknowledges and accepts it may include codes and tags on its email newsletters and websites. Any data received by KATO via said tags will be used for performing the Services, and/or providing and improving any other KATO products or services which Member may be interested in receiving from time to time. KATO will collect and use such data in accordance as described in cookies policy.
11.5.
Member shall use their best efforts to include on its website (i) a privacy policy that includes a link to the KATO Privacy Policy and when legally compulsory (ii) appropriate notice and choice mechanisms that comply with relevant laws and regulations.
11.6.
KATO is concerned about the privacy of its users. When notices are legally required they should indicate prominently to Users (i) that by continuing to browse on Member’s website, they consent to cookie (or other tracking technologies) dropping for the purpose of the service; and (ii) allow Users to learn more and object to the Service (iii) to give their consent to the collection, transfer, use and precession of personal identification information and non-personal identification information as described in its Privacy Policy.
12. Trial and Pre-Released Services
12.1.
We may offer, from time to time, part or all of our Services on a free, no-obligation trial version, plan or program (“Trial Service”). The term and/or scope of the Trial Service shall be as communicated to you, within the Service or KATO`s web, in an service order, unless terminated earlier by either Member or KATO, for any reason or for no reason. We reserve the right to modify, cancel and/or limit this Trial Service at any time and without liability or explanation to you. In respect of a Trial Service that is a trial version of the Subscription Plan or sessions, upon termination of the Trial, we may change the subscription plan, fee and charges at any time without any prior written notice.
12.2. Pre-Released Services.
Note that we may also offer, from time to time, certain Services in an Alpha or Beta versions (the “Pre-Released Services”) and we use best endeavours to identify such Pre-Released Services as such. Pre-Released Services are Services that are still under development, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.
12.3. Governing Terms of Trial Service and Pre-Released Services.
The Trial Service and Pre-Released Services are governed by these Terms, provided that notwithstanding anything in these Terms or elsewhere to the contrary, in respect of Trial Service and Pre-Released Services (i) such services are licensed hereunder on as “As-Is”, “With All Faults” “As Available” basis, with no warranties, express or implied, of any kind; (ii) the indemnity undertaking by us set forth in Section 14 herein shall not apply; and (iii) IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF KATO, ITS AFFILIATES OR ITS THIRD PARTY SERVICE PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITES, THE SERVICE AND THE THIRD PARTY SERVICES), WILL BE LIMITED TO THE AMOUNT YOU PAY US UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 6 MONTHS PRECEDING THE CLAIM. We make no promises that any Trial Service and/or Pre-Released Services will be made available to you and/or generally available.
13. Links & Third-Party Sites and Components
13.1.
The Services may contain links to, or use third party websites and services, including but not limited to links to third party websites which host Member, advertisers, services, channels, special offers or other events or activities, which are neither owned nor controlled by KATO. Whether such links have
been suggested by KATO, or added by Member . The Service enables you to engage and procure certain third party services, products, apps and tools in connection with the Service, including, without limitation, third party applications and widgets offered via our integrations offering or which you decide to connect through our API, as part of the Service (collectively, “Third Party Services”).
13.2.
If the Member and/or Users access third-party websites using the Services, the Member and/or User do so at their own risk and the Member and/or User understand that these Terms of Use and our Privacy Policy shall not apply to the use of such sites.
13.3. Independent Relationship.
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you, we merely act as an intermediary platform between you and such Third Party Services, and we do not, in any way, endorse any such Third Party Services, or shall be in any way responsible or liable with respect to any such Third Party Services. Your relationship with such Third Party Services and any terms governing your payment for, and use of, such Third Party Services, including without limitation, the collection, processing and use of your data by such Third Party Services, are subject to a separate contractual arrangement or terms and conditions between you and the provider of a Third Party Service (the “Third Party Agreement”). We are not a party to, or responsible, in any manner, for the compliance by you or by the provider of the Third Party Service with the Third Party Agreement and/or obligation.
13.4. Integration with a Third Party Service and your Customer Data. Through
the Service you and any other Authorized User within the Account, may enable an integration of your Account, including, boards within your Account (or a portion thereof), with Third Party Services, which will allow an exchange, transmission, modification or removal of data between us and the Third Party Service, including without limitation, the Customer Data, the scope of which is determined by the applicable actions set by such integration. You hereby acknowledge that any access, collection, transmission, processing, storage or any other use of data, including the Customer Data, by a Third Party Service, is governed by the Third Party Agreement, including any applicable privacy policy, and KATO is not responsible for any access, collection, transmission, processing, storage or any other use of data, including the Customer Data, by the Third Party Service or for such Third Party Service privacy and security actions, inactions or general practices. By integrating and/or using the Third Party Services, you acknowledge and agree that: (a) you are solely responsible for your compliance with applicable privacy restrictions, laws and regulations, including your use of the Third Party Service and other data activities you may conduct or may permit third parties, including the Third Party Service, to conduct; (b) the activities and use of the data by you and any other Users within the Account, may result in a modification and/or removal of data, either in the Account (i.e. Member Data) and in the integrated Third Party Service. We shall have no obligation of any kind, for any such modification and/or removal of data, either in the Account with us and/or the integrated Third Party Service.
13.5. Payment for Third Party Services.
Third Party Services may be offered free of charge or for a certain fee, either charged directly by the Third Party Service or by KATO. Wherever the Third Party Service requires a payment, it shall be indicated next to the offering of the Third Party Service, unless such price is included within the Subscription Plan (as defined below) for the Service. Whenever KATO charges Customer on behalf of
the Third Party Services, then Customer acknowledges that KATO serves only as an intermediary role in facilitating or collecting the applicable fees and taxes from Customer, for the Third Party Service, thus all payment related issues, including the payment of fees, renewal and refund policy, are governed by the Third Party Agreement or Terms and Conditions.
13.6. Change of Fees.
Member acknowledges that KATO and any Third Party Service, may change the fees for the Third Party Service from time to time, including imposing a new charge on a Third Party Service that was provided for free.
13.7. Discontinuation of a Third Party Service.
Each of KATO and the Third Party Service reserves the right to discontinue the use or suspend the availability of any Third Party Service, for any reason and with no obligation to provide any explanation or notice. Such discontinuation may result in the inability to utilize certain features and actions of the Third Party Service along with our Service.
13.8. Limitations of Liability.
KATO BEARS NO RESPONSIBILITY AND/OR LIABILITY FOR ANY LINKS OR THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION, SUCH THIRD PARTY SERVICE’S OPERABILITY OR INTEROPERABILITY WITH OUR SERVICE, SECURITY, ACCURACY, RELIABILITY, DATA PROTECTION AND PROCESSING PRACTICES AND THE QUALITY OF ITS OFFERINGS, AS WELL AS ANY ACTS OR OMMISSIONS BY THIRD PARTIES. BY ACCESSING AND/OR USING THE THIRD PARTY SERVICES, YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE THIRD PARTY SERVICES ARE AT YOUR SOLE DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE INFLICTED AND FOR ENSURING SUCH THIRD PARTY SERVICE’S OPERATION AND PRACTICES AND ITS RESPECTIVE THIRD PARTY AGREEMENT, MEET YOUR NEEDS.
13.9. Third Party Components within Our Service.
Our Service may include third party codes and libraries that are subject to third party open source license terms (the “Open Source Code” and the “Open Source Terms”, respectively). Some of such Open Source Terms determine that to the extent applicable to the respective Open Source Code licensed thereunder, such terms prevail over any conflicting license terms, including these Terms. We use our best endeavors to identify such Open Source Code, within our Service, hence we encourage Customer to familiarize itself with such Open Source Terms. Note that we use best efforts to use only Open Source Codes that does not impose any obligation or affect the Customer Data or related intellectual property (beyond what is stated in the Open Source Terms and herein), on an ordinary use of our Service that does not involve any modification, distribution or independent use of such Open Source Code. Notwithstanding anything to the contrary, we make no warranty or indemnity hereunder with respect to any Open Source Codes.
14. Indemnity
14.1.
The Member hereby accept to hold KATO, its employees, contractors, agents, officers and directors harmless against any claim, damages, obligations, loss, liability, costs, debts and expenses (including but not limited to, attorney’s fees) arising from the use and access to the Services, including but not limited to, any claim as a result of: (i) data or Knowledge transmitted or received by the Member and/or Users; (ii) access or use of the Services by third parties with the Member’s username and password; (iii) access or use of the Services by third parties with the Member’s token API; (iv) infringement of these Terms and Conditions, Privacy Policy and/or any other applicable rule or regulation.
14.2.
KATO hereby agrees to defend Customers, its affiliates, officers, directors, and employees, in and against any third party claim or demand against Customer, alleging that Customer’s authorized use of the Service infringes or constitutes misappropriation of any third party’s copyright, trademark or registered (the “IP Claim”), and we will indemnify Customer and hold Customer harmless against any damages and costs finally awarded on such IP Claim by a court of competent jurisdiction or agreed to via settlement we agreed upon, including reasonable attorneys’ fees.
KATO’S indemnity obligations under this Section shall not apply if: (i) the Service (or any portion thereof) was modified by Customer or any of its Users or any third party, but solely to the extent the IP Claim would have been avoided by not doing such modification; (ii) if the Service is used in combination with any other service, device, software or products, including, without limitation, Third Party Services, but solely to the extent that such IP Claim would have been avoided without such combination; and/or (iii) any IP Claim arising or related to, the Customer Data or to any events giving rise to Customer’s indemnity obligations under Section above. Without derogating from the foregoing defense and indemnification obligation, if KATO believes that the Service, or any part thereof, may so infringe, then KATO may in its sole discretion: (a) obtain (at no additional cost to you) the right to continue to use the Service; (b) replace or modify the allegedly infringing part of the Service so that it becomes non-infringing while giving substantially equivalent performance; or (c) if KATO determines that the foregoing remedies are not reasonably available, then KATO may require that use of the (allegedly) infringing Service (or part thereof) shall cease and in such an event, Customer shall receive a prorated refund of any Subscription Fees paid for the unused portion of the Subscription Term. THIS SECTION STATES KATO’S SOLE AND ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY, FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT
OR MISAPPROPRIATION BY KATOAND/OR ITS SERVICE AND UNDERLYING TECHNOLOGY.
15. Limitation of Liability
15.1
The use of the Service, is solely at Member’s own risk. In no event shall KATO be liable for any damages, including but not limited to, indirect, special, incidental or consequential damages of any kind, whether in action of the present Agreement, negligence or other tortious actions resulting from the use of the Service or inability to use the Service, regardless of whether KATO or an authorized representative of KATO has been advised of the possibility of such damages.
15.2.
Members hereby release and will not hold KATO responsible for the actions or inactions of others, including any third-party and/or Users. Member acknowledges that the use of the Service, is used merely as a tool to allow Members offer a Product(s) and knowledge, at any time, from anywhere. KATO is not party, in any way, to any transaction or transfer of any right to, or legal ownership of Product(s) and/or content from Member. KATO has no liability for, or control over and does not
guarantee the quality, authenticity, safety or legality of the Product(s) and/or content listed and advertised on Member’s website or other websites, or the truth or accuracy of the listings, and cannot ensure that a User will fulfill a transaction. Consequently, KATO does not assume the responsibility of ensuring provisions of services and/or products from Members to a User. Accordingly, to the extent legally permitted, KATO excludes all implied warranties, terms and conditions. KATO is not liable for any loss of money, goodwill, or reputation, or any special, indirect or consequential damages arising out of Member’s use of the Service.
15.3.
Member acknowledges and accepts the risk that third parties may generate impressions, or other actions affecting the charges for cybercrime and fraudulent or improper actions. KATO shall have no responsibility or liability to Member ́s connection with any third party click fraud or other improper actions that may occur.
15.4.
Member hereby acknowledges and agrees that KATO, the Platforms, and the Services offered by KATO act merely as a Service and KATO is NOT, in any case, directly or indirectly involved in any potential transaction between Member and User. KATO does not impose any rule or restriction in connection with any business operation and does not act as a consultant or legal advisor regarding any transaction to either Member or User. KATO shall not have any liability with regards to the terms set forth in any of the transactions between Member and User.
15.5.
An individual or a business entity operating as a Member and the User who may be an individual or business entities to whom the Service is destined shall be exclusively responsible for setting all the commercial and legal terms and conditions which governs the relation between them, and KATO shall have no liability of any kind for such relationship.
15.6.
It is hereby acknowledged and agreed that KATO shall not be liable and shall not bear any additional responsibility or expense due as a result of (i) any Member’s breach of this Terms and Conditions; (ii) any agreement Member and User had reached, including commercial and legal standards set by Member governing and including without limitation any related services including but not limited, shipping, applicable law, custom clearance; or (iii) any loss or damage caused to any third-party, as a result of Member ́s acts or omissions; (iv) Any inaccuracies, false and/or authenticity issues of the content and information provided and/or displayed in the Service based on Member ́s content provided on its websites or other websites (v) any unauthorized use of Member’s website or any other breach of security; (vi) any activity under Member’s website conducted by others on Member’s behalf and/or under Member’s supervision, (vii) any activity performed by others using the User and Password, token and / or similar of the Member by virtue of having been provided and / or authorized by the Member, whether or not KATO was notified of the possibility and/or existence of such a loss of damage
15.7.
For the avoidance of doubt, nothing in this Agreement excludes or limits in advance either Parties liability for fraud, gross negligence, death or personal injury to the extent such exclusion or limitation would be unlawful.
16. Limitation of Liability
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
16.1.
IN NO EVENT SHALL EITHER PARTY HERETO AND ITS AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS), BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, USE, BUSINESS, REPUTATION, REVENUE OR GOODWILL; AND/OR (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16.2.
EXCEPT FOR THE INDEMNITY OBLIGATIONS OF EITHER PARTY UNDER SECTION 14 (INDEMNIFICATION) HEREIN, YOUR PAYMENT OBLIGATIONS HEREUNDER OR BREACH OF OUR ACCEPTABLE USE POLICY BY EITHER YOU OR IN CASE OF A CUSTOMER, ANY OF THE
USERS UNDERLYING ITS ACCOUNT, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY, ITS AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE
ITS THIRD-PARTY SERVICE PROVIDERS), UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITES AND THE SERVICE), EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY) DURING THE 12 CONSECUTIVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT
17. Disclaimer
17.1.
Services are provided under the conditions set forth in these Terms and Conditions and as they are currently offered. The use of the Services is at Members own risk. Services are offered without any warranty whatsoever either express or implied, including but not limited to, marketing warranty, warranty of skill for a specific purpose or warranty of no offense. KATO do not warrant that: (i) services shall be available at any time or in any place; (ii) services shall be uninterrupted or safe; (iii) any defect or mistake shall be remedied; (iv) the Services are free from viruses or other harmful components.
17.2.
Under no circumstances KATO, its affiliates, agents, directors, employees or suppliers shall be liable for direct, indirect, incidental, special or punitive damages, including without limitation, business interruption, loss of profit, or other intangible losses resulting from the use or inability to use the Services. Under no circumstances, KATO shall be held liable for damages and/or loss resulting from hacking, alteration or unauthorized access to Members account or for other use of the Services or Members account and the information therein contained.
17.3.
Under no circumstances KATO shall be held liable for: (I) anything attributable to Members and /or (ii) the use given by Members to the Services and/or; (iii) errors or ambiguities in the Knowledge; (iv) direct or indirect damages that may be inflicted by Members upon Third Parties; (v) injuries or damages to personal property of any kind whatsoever, as a result of Members access or use of the Services of KATO; (vi) unauthorized access or use of the servers of KATO and/or any personal information kept therein; (vii) any interruption or discontinuation of transmission from the Services; (viii) any errors, viruses, Trojans or the like which may be transmitted through the use of the Services by a third party; (ix) damages and/or direct or indirect consequences caused by the use of the User and Password by third parties authorized by the Member; (x) damages and/or direct or indirect consequences caused by the use of the Member’s token in it’s interface; in the event that it is provided to third parties or is exposed and/or unprotected (xi) any error or omission in any Knowledge or any loss or damage incurred as a result of the use of any Knowledge published, sent by electronic mail, transmitted or in any manner made available through the use of the Services; and/or (xii) any Knowledge of any user or any third parties ́ behavior that is defamatory, offensive or illegal; and/or (xiii) cases where the Services do not satisfy the user ́s needs.
In no event KATO, its agents, directors, employees, suppliers or licensors shall be held liable to Members against any claim, procedure, duties, damages, losses or expenses, in an amount exceeding the amount paid by Members for the services.
17.4.
Any Knowledge unloaded or obtained through the use of the Services is unloaded at Members own risk and Members shall be solely liable for any damage to Members IT system and/or mobile device or for the loss of data resulting from such unloading or from the use of any of the Services. KATO does not warrant, and shall not be held liable for the products or services offered by third parties through any of its Services. KATO shall not be a party to such transactions and shall not monitor any transaction made between Members and third-party suppliers of products or services.
Given the features of the Services, KATO may carry out routine maintenance tasks and/or improvements in the Services; on this account and on account of other unforeseen contingencies related to the Internet, Members accept risks and failures or unavailability of third-parties ́ servers and Members hereby expressly waive claiming any liability in contract or in tort, or damages to KATO for eventual failures, slow connectivity, or errors in the access and use of the Services for reasons not attributable to KATO.
17.5.
The Services have a high availability and auto scaling service infrastructure, which shall be available 99,9% of time. Notwithstanding the foregoing, (i) KATO reserves the right to make scheduled interruptions of the Services, to be informed by KATO by electronic mail or on the URL: https://katolegal.com or by any other means, at least twenty-four (24) hours in advance, in order to perform maintenance tasks, repairs and other tasks related to the provision of the
Services. Likewise, (ii) KATO may make unscheduled interruptions for security reasons or when, at its own discretion, has reasonable information that show there are emergency motives to do so.
17.6.
Members shall give prompt notice to KATO regarding any failures in the Services and KATO shall inform Members about the nature of the failure in the relevant Service and the expected time of
repair. As regards the restitution of the Service, if required, Members shall provide all the necessary and reasonable support. KATO shall promptly inform Members in case that the failure is not related to the Service. Once the failure is repaired, KATO shall immediately inform Members.
This limitation of liability applies both if the alleged liability is based on an agreement, damage, negligence, strict liability, or otherwise, even if KATO has been warned of the feasibility of such damages.
CERTAIN STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DIRECT OR INDIRECT DAMAGES; THEREFORE, IN SUCH CASES, THE FOREGOING LIMITATIONS OR EXCLUSIONS SHALL NOT APPLY TO THE USER. THIS AGREEMENT GRANTS SPECIFIC LEGAL RIGHTS AND MEMBERS MAY ALSO BE ENTITLED TO OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. WAIVERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT SHALL NOT APPLY IF ESTABLISHED IN THE APPLICABLE LAW.
18. Confidential Information
18.1. Confidentiality of KATO
Member hereby undertake to protect as confidential and not to disclose to any third party any Confidential Information (as this term is defined below) received from KATO, its related companies, or which is in any manner obtained by Members in relation to, or with respect of the execution of the Agreement. For these purposes, “Confidential Information” means information not available to the general public and which is used, developed or obtained by KATO and/or its related companies, including but not limited to, the following: (i) information, procedures and data obtained and/or developed by KATO or its related companies (including those obtained prior to the execution of this Agreement) related to business or affairs of KATO, or its related companies; (ii) products or services; (iii) costs and price structures; (iv) analysis; (v) business and accounting methods; (vi) software, including operating systems, programming requests and lists; (vii) organizational charts, manuals and documents; (viii) all production methods, processes, technology and trade secrets; and (ix) any other similar information in any manner related to them. Furthermore, Members undertake to use the Confidential Information only as a way of fulfilling the obligations assumed under these Terms and Conditions. In order to keep the information in strict confidence, Members undertake to take all the necessary and reasonable security measures, taking the same degree of care that Members use to protect their own confidential information (but in no event, less than reasonable care as established in the applicable law). Members shall take all and any technical and organizational measures required to guarantee the security and secrecy of Confidential Information, to avoid its adulteration, loss, consultation or unauthorized treatment, to detect any deliberate or non-deliberate unauthorized use of the Confidential Information, whether such risk result from human actions or from the technical device used.
18.2. Confidentiality of Members
KATO hereby undertakes to protect as confidential and not to disclose to any third party any of its Member’s Confidential Information received from KATO, through the documents received for Document Review, or which is in any manner obtained by KATO in relation to, or with respect of the execution of the Agreement. This provision does not apply to the information given to KATO’s AI Paralegal in order to receive Knowledge. For these purposes, “Member’s Confidential Information” means information not available to the general public, including but not limited to, the following: (i)
information, procedures and data obtained by Members or its related companies/clients (including those obtained prior to the execution of this Agreement) related to their respective business or affairs, or its related companies; (ii) analysis; (iii) business and accounting methods; (iv) organizational charts, manuals and documents; (viii) all production methods, processes, technology and trade secrets; and (ix) any other similar information in any manner related to
them. Furthermore, KATO undertakes to use the Member’s Confidential Information only as a way of fulfilling the obligations assumed under these Terms of Use. In order to keep the information in strict confidence, KATO undertake to take all the necessary and reasonable security measures, taking the same degree of care that KATO/Members use to protect their own confidential information (but in no event, less than reasonable care as established in the applicable law).
19. Amendments
KATO reserves the right to amend these Terms of Use from time to time and it shall always publish the most recent version on its website. In case of amendments to these Conditions, which at KATO’s discretion is deemed fundamental, KATO shall give notice to Members through an additional method (i.e., through electronic mail to the address associated to Members account. Changes in these Terms of Use may be published on the Website or URL corresponding to the Terms and Conditions; therefore, Members must check those sites on a regular basis. By continuing accessing or using the Services after such amendments become effective, Members accept to be bound to the amended terms and conditions. If Members do not agree with the new terms, Members must discontinue the use of the Services immediately.
20. General Provisions
20.1. Governing Law.
These Terms and any action related thereto will be governed and interpreted by and under the laws of the United Arab Emirates. Without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction.
20.2. Dispute Resolution
In the unlikely event that a claim or dispute arising between KATO and Members could not be resolved privately and friendly by the Parties, both Members and KATO hereby agree that any claim, dispute or controversy (excluding provisional remedies or equitable compensation requested by KATO) arising as a result of or in connection with, or in relation to, these Terms of Use, or the breach or alleged breach thereon, (jointly, the “Claims”), shall be submitted to the Dubai Courts under the rules of the respective UAE Federal Laws and Dubai Local Laws. Nothing contained in this clause shall be deemed to prevent KATO from requesting provisional remedies and/or seeking equitable compensation before the competent authorities, as necessary to protect any interests held by KATO.
20.3. Translated Versions.
These Terms were written in English, and may translated into other languages for Your convenience. If a translated (non-English) version of these Terms conflicts in any way with the English version, the provisions of the English version shall prevail.
20.4. Force Majeure.
Neither us nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
20.5. Relationship of the Parties.
No Third Party Beneficiaries. The Parties are independent contractors. These Terms and the Service provided hereunder, do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to these Terms.
20.6. Notice.
We shall use your contact details that we have in our records, in connection with providing you notices, subject to this section. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Service, shall be provided as follows: via the Service, including by posting on our Sites or posting in your account, text, in-app notification, e-mail, phone or first class, airmail, or overnight courier. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing. Any notice to you will be deemed given upon the earlier of: (i) receipt; or (ii) 24 hours of delivery.
Notices to us shall be provided to contact General Counsel at [email protected].
20.7. Assignment.
These Terms, and any and all rights and obligations hereunder, may not be transferred or assigned by you without our written approval, provided that you may assign these Terms to your successor entity or person, resulting from a merger, acquisition, or sale of all or substantially all of your assets or voting rights, except for an assignment to a competitor of KATO, and provided that you provide us with prompt written notice of such assignment and the respective assignee agrees, in writing, to assume all of your obligations under these Terms. We may assign our rights and/or obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Subject to the foregoing conditions, these Terms shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns. Any assignment not authorized under this Section 20.7 shall be null and void.
20.8. Severability.
These Terms shall be enforced to the fullest extent permitted under applicable Law. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.
20.9. No Waiver.
No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
20.10. Entire Agreement.
These Terms and all amendments and additional agreements that may be entered into with KATO in respect of the Services shall constitute the entire agreement between Members and KATO. If any provision of these Terms is held to be invalid by a court of competent jurisdiction, it shall not in any way affect the validity of the remaining provisions contained in these Terms of Use, which shall remain in full force and effect.
These Terms and Conditions were last updated on February 14th 2024.