Use Agreement

Kunduz Use Agreement   Parties This Kunduz Use Agreement (“Agreement”) is entered into between Kunduz Technologies Private limited. who is the creator and the owner of all intellectual and industrial property rights of the website of www.kunduzapp.com and Kunduz mobile applications, and real or legal person user who wants to utilize the contents and services of www.kunduzapp.com website and Kunduz mobile applications; and it regulates the terms and conditions required to use www.kunduzapp.com website and / or Kunduz mobile Tutor application and to utilize provided services and offered contents. Definitions In this agreement refer to:

  1. Kunduz Technologies : Kunduz Technologies Private Limited,
  2. Kunduz Service: Any application, content, service, offered by Kunduz Technologies including the website of kunduzapp.com, and Kunduz mobile applications,
  3. User: Real or legal persons who want to utilize Kunduz Service,
  4. Tutor: Responders who answer questions by users,
  5. Account: User account created with all information shared in Kunduz Service,
  6. Content: All data, texts, files, information, usernames, images, graphics, photos, account information, audio and video clips, sounds, musical works, original works, applications, links and other content and materials, which are sent by the Users to the Kunduz Service or shared and / or displayed in the Kunduz Service,
  7. Kunduz Technologies Parties: Kunduz Technologies employees, managers, officers or representatives.

  Preamble

  1. In order to use the Kunduz Service, the terms and conditions of this Agreement must be accepted and committed by the User. When you access and / or use the Kunduz Service, regardless of how you have accessed, you agree that you are subject to this Agreement. If you do not agree to be bound by this Agreement, you must not access the Kunduz Service or use the Kunduz Service.
  2. The Agreement shall come into force when the user accepts the agreement, and the User agrees, declares and commits that the User is authorized to access and use the Kunduz Service and undertakes any liability in access to the services and selection and use of the services.
  3. Accepting this Agreement, the real person User acknowledges and declares that the User is over 18 years of age and has the capacity to act as a contractual entity; and the legal person User acknowledges and declares that this Agreement is acknowledged by authorized persons and is binding for the legal person.
  4. If the User is under 18 years of age, he accepts that he can benefit from the Kunduz Service with the consent and by means of his parent.
  5. Kunduz is a digital marketplace. Kunduz Service consists of access to and use of the Kunduz marketplace.
  6. Users make payments to Kunduz as charges per question or as weekly or monthly subscription fee provided that the fees for the services they receive are subtracted from the package they bought.
  7. Kunduz Service is offered to Users through mobile applications or websites under the agreement between Tutors and Kunduz to organize and plan the solution of test questions.
  8. Kunduz Technologies gives the User access to the Kunduz Service upon acceptance of this Agreement and access to the Kunduz Service is contingent upon compliance with the terms and conditions of this Agreement.
  9. Kunduz Technologies reserves the right to alter the terms of this Agreement at times in its sole discretion (“Updated Terms“). Except for the circumstances where due to legal or administrative reasons, the aforementioned alterations are required to take effect immediately, Kunduz Technologies informs the Users, where possible, within a reasonable period of time before Updated Terms enter into force.
  10. User acknowledges that the Updated Terms may be announced to Users by being published on the Kunduz Service and that use (or another act that is specified reasonable) of the Kunduz Service after the effective date of the Updated Terms would mean that the Updated Terms are accepted. Therefore, it is the responsibility of the User to review this Agreement and all the Updated Terms before using the Kunduz service. The Updated Terms shall come into force at the time they were published or at a later date specified in the Updated Terms and as of that date Kunduz Service Updated Terms are valid for the utilization by Users. Disputes that arise in the Updated Terms will be subject to this Agreement.

  Liabilities of Users for Accuracy and Keeping up to Date of the Account Information

  1. Liability of all actions made with the Account that is created with all kinds of information shared by the User in the Kunduz Service are accounted for by the User.
  2. Kunduz Technologies prohibits the User from creating Account on behalf of any one other than himself and the User accepts that he will not do so. In addition, at the time of registering for the Kunduz Service, creating Account and in the following times, the User undertakes that the information provided or will be provided by the User is true, correct, current and complete and that he will update the changes without delay in order for the information to remain true and correct.
  3. The User is responsible for all transactions that take place on his Account or are performed over his Account, and agrees to keep his Account and all information including the contact information in the Account safe and confidential at all times.
  4. In the case that the User does not provide accurate, complete and up-to-date Account information, the User may be denied access to and the use of the Kunduz Service; or Kunduz Technologies may terminate any agreement (including this Agreement) that has been entered into.
  5. In case the phone number changes or the telephone line is closed, the User undertakes to update the Account information without delay, in order for the messages to be sent to the right person. In the event that messages sent to an non-updated phone number are received by the wrong person, the user shall be responsible for the full responsibility.

  Right of Withdrawal

  1. It is possible to cancel all monthly / weekly membership packages or packages covering different time periods whose conditions are specially stated, purchased on the website within the scope of Kunduz Service. If the membership package has never been used and the cancellation is requested within 14 days, the whole package fee is returned to the User. If any question is asked within the package, the use of membership would be present and membership fee will not be refunded. Membership refund requests made after 14 days are invalid.
  2. It is possible to terminate a subscription package purchased through the website within the scope of Kunduz Service. The subscription package is terminated on the day the request is received, the remaining usage rights continue until the date it is valid and no automatic payment is made in the following month.
  3. In all package purchase cancellations or subscription terminations made using platforms such as the Apple App Store or Google Play, cancellation or subscription termination request shall be made to Apple or Google. Apple and Google’s cancellation policy and rules shall apply to these applications. Kunduz Technologies has no responsibility for these cancellation or subscription termination applications.
  4. Refunds are made according to the payment method used when making the purchase. After the return transaction is made by Kunduz Technologies, it may take time for it to be put into process by the respective payment system provider. Kunduz Technologies accepts no responsibility for these delays.

  Rules for Account Use

  1. The User may have only one Account, unless permitted otherwise by Kunduz in writing.
  2. The services apply solely to the User’s own use, unless permitted by Kunduz in writing.
  3. The User agrees that he will not request, collect and use the login information of other Users.
  4. It is the responsibility of the User to keep the verification code that provides access to the Kunduz Service.
  5. The User may not modify, adapt or copy any software or content related to the Kunduz Service. The User may not create content and modify existing content or behave in a manner that gives the false impression that any other website or application is associated with the Kunduz Service or Kunduz Technologies.
  6. The User cannot block or interrupt the Kunduz Service, its servers, or networks connected to the Kunduz Service, including transferring worms, viruses, spyware, malware, or any other damaging or blocking code. The User cannot add content or codes that change or prevent the way the Kunduz pages are displayed or viewed in the browsers or devices of the Users.
  7. The User cannot create an account in the Kunduz Service with unauthorized methods, including but not limited to, using automatic device, code, bot, crawler, bug, or scraper.
  8. The User undertakes not to restrict the use of the Kunduz Service by another User and not to encourage the breach of this Agreement or other Kunduz Technologies terms. The User agrees to immediately notify Kunduz Technologies if he finds out that a third party is breaching the terms of this Agreement or other Kunduz Technologies terms. The User shall be deemed to have participated in the violation, if he enables violation by such third parties or does not inform the Kunduz Technologies after being informed of the violation.
  9. Tutors offering solutions to questions by Users may be teachers, university students or any person who meets the evaluation criteria of Kunduz Technologies.
  10. Questions the User conveyed through his Account, are taken into process every day between the hours of. Solutions to these questions received outside of these hours can be provided depending on the accessibility of the Tutor network. If a solution cannot be offered between and it is taken into process for the solution in the next day.
  11. Kunduz Technologies, while targeting a service that offers Users a high-quality solution in the shortest possible time, in standard questions, does not guarantee about the duration the questions sent by Users will be solved.
  12. If the answer to the question is incorrect, in this case, student may demand the restitution of the deducted question right from the Account for the said question and the correct solution of the said question is transmitted to the User free of charge. In the case that the User thinks a question he transmitted is solved incorrectly, for notification and refund requests, he may report in the application that the solution is wrong or send an e-mail to support@kunduzapp.com
  13. .
  14. It is forbidden for the User to share in any way, his own contact information (such as telephone number, e-mail address, social network user name) through Kunduz Service applications and/or website or by other means. In addition, the User undertakes that he will not ask for the contact information of other Users either through Kunduz Service or by any other means, or will not try to obtain it in any other way.
  15. If the User changes his phone number and phone together, he can move his old account to the new account through the message that will be sent to the e-mail address registered to the old Account.
  16. The Guidance service offered in certain subscription packages also works with the marketplace model, and Kunduz Technologies accepts no responsibility for the suggestions and contents offered.

  Content-Related Liabilities of the User

  1. User is solely responsible for the contents sent to the Kunduz Service by the User.
  2. The User undertakes not to upload through the Kunduz Service any photographs or other Content that are irrelevant, discriminatory, illegal, derogatory, pornographic, obscene or containing violence, nudity, partial nudity.
  3. User undertakes not to; insult, tyrannise or act in a disruptive manner towards the Tutor, the institution, the organization and the individuals; abuse, harass, threaten, imitate or intimidate these persons; disclose any confidential information (including but not limited to credit card information, social security or other national identification numbers, non-public telephone numbers, or non-public e-mail addresses) belonging to himself or someone else through the Kunduz Service.
  4. The User accepts that if he submits a non-question content, he will not be responded with a solution due to the absence of a question, and the service fee will be deducted from his Account due to occupying the time of the Tutor.
  5. The User agrees not to use the Kunduz Service for any illegal or unauthorized purposes. The User agrees to abide by all applicable laws and regulations, including but not limited to copyright laws, when using the Kunduz Service and when sharing Content.
  6. Contents in the Kunduz Service cannot be scanned, withdrawn, cached, or otherwise accessed via automatic methods (except by the standard search engine protocols or technologies used by a search engine with the explicit permission of Kunduz Technologies).
  7. Kunduz Technologies does not take ownership of the Content shared by Users on or through Kunduz Service. Instead, the User assigns a non-exclusive, paid, royalty-free, transferable, sublicensable international license to Kunduz Technologies for the use of the Content he shared with or over the Kunduz Service which shall be bound by Privacy Policy of Kunduz Service including, but not limited to, Privacy Policy chapter 3 (“Sharing Your Information”), chapter 4 (“How We Store Your Information”), and chapter 5 (“Your Selections About Your Information”).
  8. In this case, the User declares and acknowledges that: (I) he is the owner of the Content he shared on or through Kunduz Service or has the right to vest the rights and licenses specified in this agreement; (ii) he will not commit or violate any third parties rights to share or use Content on or through Kunduz Service including but not limited to privacy rights, personality rights, copyright, trademark and/or other intellectual property rights; (iii) he accepts to pay any kinds of royalties, fees, or any other charges that are required to be paid because of the Content he shared on or through Kunduz Service; and (iv) he has the legitimate rights and authority to accept this agreement in the judicial district where he is located.
  9. When the User shares a Content or information, he will have granted Kunduz Technologies and the Tutors who will solve the question with access and use permission for their use in other future services of the application.
  10. The accuracy, classification, quality and recommended difficulty level of the content seen in the Question Bank, is in the User and Tutor’s responsibility and Kunduz Technologies assumes no responsibility.
  11. Part of the Kunduz Service may be supported by advertising revenue; and advertisements and promotions may be presented in Kunduz Service. The User hereby agrees that Kunduz Technologies may place such advertisements and promotions in the Kunduz Service or in, next to or together with the Contents. The form, style and scope of such advertisements and promotions may be changed without notice.
  12. The User acknowledges that Kunduz Technologies is not responsible for the Content Shared in the Kunduz Service. Kunduz Technologies shall not be obligated to scan, monitor, edit or remove any Content in advance. In the event that the contents violate this Agreement, the legal liability of the Content in question is the responsibility of the User.
  13. Unless otherwise stated in the Privacy Policy of the Kunduz Service, no Content between the User and Kunduz Technologies shall be confidential and proprietary. Kunduz Technologies will not be liable in any way for the use or disclosure of the Content that the User shares, and Kunduz Technologies will not have any responsibility for the use, sharing or non-sharing of these. The User acknowledges and approves that the relationship with Kunduz Technologies is not confidential, trust-based, or otherwise special, and that any decision to submit any Content does not place Kunduz Technologies in a position different from third parties or people in the general public, including being included in the Content. No part of the Content will be subject to any security obligations by Kunduz Technologies and Kunduz Technologies shall not be liable for any use or disclosure of the Content.

  Kunduz Technologies Contents and Copyrights

  1. Any claims and license on the Kunduz Service or software pertaining to it belongs to Kunduz Technologies, providing the User entry to Kunduz Service does not mean in any way that license is issued. The absence of a provision under this Agreement or any other agreement between the User and Kunduz Technologies that could mean a license is issued to the User has been recognized by the parties.
  2. Content belonging to Kunduz Technologies or licensed by Kunduz Technologies can be found in Kunduz Service (“Kunduz Technologies Contents“). Kunduz Technologies Content is protected by copyright, trademark, patent, trade secret and other laws, and between the User and Kunduz Technologies all rights of Kunduz Technologies Content and Kunduz Service belong to Kunduz Technologies. The User shall not remove, alter or hide any copyright, trade mark, service mark or other property rights incorporated or accompanied into Kunduz Technologies Contents and shall not reduplicate, alter, adapt, create derivatives of, play/replay, view, broadcast, distribute, transfer, sell, allocate the license of and abuse in any other way the Kunduz Technologies Contents.
  3. The Kunduz name and logo are trademarks of Kunduz Technologies and may not be copied, reproduced or used in whole or in part without prior written permission from Kunduz Technologies. In addition, all page titles, custom graphics, button icons, and codes are service marks, trademarks, and / or business forms of Kunduz Technologies and may not be copied, reproduced or used in whole or in part without prior written permission from Kunduz Technologies.
  4. The User may not modify, decompile, create derivatives of, or otherwise attempt to extract source code of the Kunduz software if it is not expressly permitted under an open source license or not permitted with an express written permission of Kunduz Technologies parties.
  5. If the User downloads and uses, Kunduz Technologies software such as stand-alone software product, application or browser add-on downloads or, he agrees to download and install from time to time the updates, upgrades or additional features by the software to improve, update or further develop the software.
  6. Kunduz Technologies shall not accept or take into account any content, information, idea, suggestion or other material other than the contents, information, ideas, suggestions or other materials requested in particular and to which some special terms, conditions and requirements may apply. The reason for this is to prevent any misunderstandings in the case where the ideas are similar to the ideas developed or under development independently by Kunduz Technologies. Thus, Kunduz does not accept unsolicited materials or ideas and does not assume any responsibility for the materials or ideas so transferred. In the case that the User, sends content, information, ideas, suggestions or other materials to Kunduz Technologies in spite of this principle, he accepts that Kunduz Technologies is free to use this type of content, information, ideas, suggestions or other materials, for any purpose, including but not limited to, developing and marketing products and services without any obligation and payment to User.

  Fees

  1. Subscriptions are offered at the price and in the scope specified in the platform where the subscription takes place.
  2. The subscription fee is automatically received on a monthly basis through the payment method the User specifies. As long as User doesn’t terminate his subscription, subscription will be renewed for the monthly fee at month anniversaries of the subscription.
  3. The website subscription fee will continue at the amount which the User agreed in the date of subscription, until the end of the current school year. The subscription fee is updated on new fees as of September of the new school year.
  4. If the subscription package launched through the website is replaced with a different paid subscription package, the current question rights will be transferred to the next package; however, the transferred number of question rights will be valid until the end of the previous package.
  5. The Tutor is responsible for all data charges arising from the use of the Kunduz Service. The use of Kunduz Services by persons other than the User is prohibited and any legal, financial or criminal responsibility arising from the use of these by others by any means shall be borne by the User.
  6. Kunduz Technologies, under its sole discretion, reserves the right to install, remove and / or modify costs for any or all aspects of the Kunduz Service or other services offered by Kunduz Technologies. Kunduz Technologies can make changes to packages and / or subscription prices in any time period. Previous package and / or subscription purchases are not affected positively or negatively by these changes. In addition, it has been acknowledged and agreed by the parties that the costs applied in specific geographical areas and courses may vary significantly during high demand periods of the Kunduz Service. Even if they are within the User’s knowledge, Kunduz Technologies makes reasonable efforts to inform the User of any costs that may be incurred under his Account, or amounts in connection with them, for which the User will be liable. Kunduz Technologies occasionally provides promotional offers and discounts and opportunities which may result in different costs for the same or similar Kunduz Services to certain Users and as long as it is offered to the User, the User agrees to such promotional offers and discounts without any effect on use of the services or costs applied to the User.
  7. The User agrees that promotions (i) should be used for the purpose and purpose and in a legal manner; (ii) may not be reproduced, sold or otherwise transferred or made publicly available, unless expressly permitted by Kunduz Technologies; (iii) may be disabled by Zero Five at any time for any reason without obligation to Kunduz Technologies; (iv) may be used in accordance with certain conditions established by Kunduz Technologies for a particular Promotional Code; (v) do not apply to cash; and (vi) may be terminated before use. Kunduz Technologies reserves the right to restrict or discount credits, other features or benefits if it detects error, fraud, or illegal circumstances by the User or by another User in the promotion use or depreciation; or believes and determines violation of the promotion conditions and these conditions.
  8. Users who are new members of the Kunduz Service may be periodically granted free question rights. Kunduz Technologies has no obligation to reflect this right to existing Users. Periodically, free question rights may be accorded to the Kunduz Service User as a result of User inviting their friends and each friend subscribing to the Kunduz Service. The promotions that are earned in return of inviting friends are only valid for invitations via SMS in Kunduz Service and are limited to 50 questions. Periodic campaigns cannot be used with packages purchased in the past.
  9. Obtaining the data network access that is required to use the Services is under the responsibility of the User. Mobile network data and messaging rates and fees may be applied for the use or access of wireless-enabled devices to Kunduz Services. Acquisition and updating of hardware or devices compatible with access to and use of the Kunduz Services and additional updates are under the responsibility of the User. Kunduz Technologies does not guarantee that Kunduz services, or any portion of it will work on any hardware or device. In addition, Kunduz Services may be subject to malfunctions and delays that may arise from the use of internet or electronic communications. Kunduz Technologies will not be liable for delays arising from such reasons.
  10. In the event of disruptions to access to the Kunduz Service due to internet provider or other technical reasons beyond the control of Kunduz Technologies, Kunduz Technologies aims to solve these shortcomings as soon as possible, but the User accepts that Kunduz Technologies will not have any responsibility for the disruption of the access to Kunduz Services for these reasons.

  Termination of the Service and Cancellation

  1. Kunduz Technologies reserves the right to terminate or to change access to the Kunduz Service without notice. In the event of the termination of the Kunduz Service, it is accepted and admitted by the User that the responsibility of the Kunduz Technologies is limited to the amount that the User has not used in his package, and that Kunduz Technologies has no other legal, financial or criminal liability.
  2. User, if he wishes to terminate the Kunduz Service Account, may do so by logging in the Kunduz service and using the “Problem Report” option in the settings screen or sending an e-mail describing the demand to support@kunduzapp.com  address. Termination of access to the Kunduz Service means closure of access over the User’s Account to pictures, insights, questions, answers transmitted to questions and other data, but this information and the data may continue to remain in the Kunduz Service, and to appear or be used for different services in the future in a way that does not reveal the identity of the User.
  3. Any violation of one or more than one provision of the Agreement, in Kunduz Technologies’s sole discretion, may result in the closure of the User Account. The User accepts that, the Content he shared in Kunduz Service is not and cannot be under the responsibility of Kunduz Technologies and the risks that might be faced when using Kunduz Service will be solely under the responsibility of the User. Kunduz Technologies  may terminate the submission Kunduz Service to the User entirely in the case that the User violates the essence or the text of this Agreement in any way, or subjects Kunduz Technologies to a risk or any other possible legal sanction.
  4. Once the account has been closed, the validity of all rights granted in this Agreement shall cease immediately.
  5. Kunduz Technologies  reserves the right to refuse any person to access the Kunduz Service.

  Breach Of The Agreement

  1. The User accepts that in the case that Kunduz Technologies in its sole discretion determines any violation of one or more than one provision of the Agreement by the User, it may remove, revise, block and/or track the Accounts Content or Contents are located in, and that Kunduz Technologies has no obligation as such. In the event that Kunduz Technologies, and/or third parties suffer damage as the result of the User’s violation, the User agrees and undertakes that the civil and criminal responsibility is on himself, and that he will indemnify the damage.

  Responsibility

  1. Kunduz Technologies does not guarantee the eligibility, accuracy or competence of the Tutors. It is only the User’s responsibility to determine that the Tutors will meet the User’s needs and expectations. Kunduz Technologies will not be involved in disputes between Users and Trainers. By using the Kunduz Service, the User accepts that the risk and discretion of the potential insecurity, attack, harm to the minors, or cases otherwise organized or planned by the Tutors using the services, belong to the User. Kunduz Technologies has no liability concerning the situations related to or arising from the relations or activity between Tutors or Users.
  2. Online or offline interactions of the User with other Users of Kunduz Service are solely the responsibility of the User. The User acknowledges that Kunduz Technologies is not responsible or liable for Users’ conduct. Kunduz Technologies reserves the right to monitor or interfere with disputes between Users, but has no obligation to do so. When submitting Content or any other personal or other information, or interacting with others, the User must act discreetly and attentively.
  3. Links to third party websites or features can be given in the communications received from the Kunduz Service. Images or comments from the Kunduz Service may also contain links to third-party websites or features. Functions in Kunduz Service may allow interactions between Kunduz Service and third party websites or features. This includes applications that link the Kunduz Service and the User Account in Kunduz Service to third-party websites or features. For example, a feature in the Kunduz Service may allow the User to share Content from the Kunduz Service or to share the Content with a third party and these may be publicly shared on the service or application of that third party. In order to use this function, Users are usually required to log in to the User’s Account from the third-party service, and the risks that may be encountered in doing so are entirely in the responsibility of the User. Kunduz Technologies has no control over these third-party internet services or content. The User expressly acknowledges that Kunduz Technologies is not responsible or liable for any such third party services or features. The communication and business transactions between third parties through the Kunduz Service are entirely between the User and the third party. The User may, in his sole discretion and taking full responsibility for the risks he may face, choose to use the applications (each referred to as “Application”) that connect the Kunduz Service or the Account in the Kunduz Service with the third party services, and the Application in question may interact and connect with the User Account in the Kunduz Service, or collect and/or receive Account information. Using such Applications, the User accepts the following: (I) if an Application is used to share information, the information related to the Account in Kunduz Service may be shared, (ii) use of an Application may cause the personally identifying information to be publicly disclosed and/or be associated with the User, even if Kunduz Technologies does not provide this information and (iii) the use of the application depends solely on the User’s preference and the risks that may arise are in the responsibility of the User and the User may need to indemnify Kunduz Technologies against losses that will be born of activities relating to the Application.
  4. Although the purpose of Kunduz Technologies is to ensure that Kunduz Service is available as much as possible, the Kunduz Service may be interrupted, due to reasons including, but not limited to, scheduled maintenance or upgrade, emergency repairs or the breakdown of telecommunications connections and / or equipment. In addition, Kunduz Technologies reserves the right to remove any content in the Kunduz Service for any reason without prior notice. The contents removed from Kunduz Service may continue to be stored by Kunduz Technologies for purposes of, including but not limited to, adhering to various legal obligations. Consequently, Kunduz Technologies recommends Users to back up their Contents. In other words, Kunduz Service is not a backup service and it may not be expected to back up or store Content. In the event of modification, cessation and termination of Kunduz Services or loss of Content, Kunduz Technologies has no obligation to the User. The User also agrees that the Internet may be subject to security breaches and sending Contents or other information may not be secure.

  Warranty Disclaimer

  1. The Kunduz Service, including but not limited to the Kunduz Technologies Content, is offered “as is” and “with all its errors”. To the fullest extent permitted by law, none of the Kunduz Technologies Parties provide any express or implied declaration or warranty or support for the security regarding information transfer to (a) Kunduz Service, (b) Kunduz Technologies Contents, (c) User Contents, or (d) to Kunduz Technologies or through Kunduz Service. In addition, the Kunduz Technologies Parties hereby disclaim any and all express or implied warranties, including, but not limited to; merchantability; fitness for a particular purpose; non-infringement; warranty of title; special, commercial, non-intrusive use; system integration; and not containing computer virus.
  2. Kunduz Technologies Parties do not declare or warrant that the Kunduz Service will operate without error or fail, or that defects will be corrected or that the Kunduz Service or server offering the Kunduz Service does not contain harmful components including but not limited to viruses. Kunduz Technologies Parties do not declare or warrant that the information contained in the Kunduz Service (including instructions) is correct, complete or useful. The user agrees that he is responsible for the risks arising from using the Kunduz Service. Kunduz Technologies Parties do not guarantee that the use of the Kunduz Service is legal in any jurisdiction, and Kunduz Technologies Parties specifically disclaim any such warranties.
  3. The User hereby declares and warrants that by accessing the Kunduz Service, any action he takes through the Kunduz Service is lawful in all jurisdictions where he accesses to the Kunduz Service or uses the Kunduz Service.
  4. Kunduz Technologies Parties do not support the Content and specifically disclaim any liability or obligation for any loss, damage (actual, consequential, criminal or otherwise), indemnity, liability or any other reason arising from the Content or Content.

  Limitation of Liability; Disclaimer

  1. Kunduz Technologies shall not either directly or indirectly have any obligations to the User for any loss or damage arising from (a) Kunduz Service; (b) Kunduz Contents; (c) User Contents; (d) use, non-use of Kunduz Service or performance of Kunduz Service; (e) any litigation in connection with any investigation conducted by Kunduz Technologies Parties or security units in relation to use of Kunduz Service by User or another party; (f) any litigation in connection with copyright or other intellectual property right holders; (g) any error or fault in operation of Kunduz Service or (h) including but not limited to, all kinds of damages arising from any security breach or any virus, worm, tampering, fraud, error, omission, interruption, failure, operation or transfer delays, computer line or network failures or all other technical errors or malfunction resulting in, including but not limited to, profit loss, loss of goodwill, data loss, work stoppage, error in results or computer failure or malfunction in the computer, mobile device or other equipment or technology of any user.
  2. In the event of any damage, loss or injury arising from acts or omissions of Kunduz Technologies, User agrees that damage suffered, if any, is not reparable or is not sufficient in order to be entitled a court order obstructing to utilize any web site, application, service, property, product or other content possessed or controlled by Kunduz Technologies Parties and he shall not be entitled to obstruct or restrict development, production, distribution, advertising, exhibition or utilization of any web site, application, property, product, service or other content possessed or controlled by Kunduz Technologies Parties.
  3. Kunduz Technologies is not responsible for third party activities, content, information, or data. User agrees to acquit Kunduz Technologies, its directors, employees and agents of any demand and harm arising from or associated with the subject of a court case against known or unknown, any third party.

  Indemnification

  1. User agrees to indemnify Kunduz Technologies against any compensation and demands Kunduz Technologies will be faced with due to or related to (I) access to User Content or Service use; (ii) violation or alleged violation of this Agreement; (iii) violation of the rights of any third party, including but not limited to, intellectual property rights, personality, privacy, or proprietary rights; (iv) violation of any law, rule, regulation, legislation, guidelines, decision, or instruction of any type of government and government like institution including but not limited to regulator, administrative and legislative authority of any type; (v) any behaviour of the User, including but not limited to, fraudulent misrepresentation. In the face of such a request, the User agrees to defend Kunduz Technologies (upon request of Kunduz Technologies) and hold it harmless, and to indemnify all kinds of compensations, obligations, damages, losses and expenses likely to occur thereon including but not limited to any attorney fees and costs likely to occur in connection with these or occurred in relation to any of the abovementioned (including the actions User has directly performed in Kunduz Service or activities performed on his behalf).
  2. The user undertakes to cooperate in the defense of all claims as requested by Kunduz Technologies. Kunduz Technologies reserves the right to execute exclusive defense and control of any issue subject to User’s indemnification and User accepts that he shall not finalize any indemnification request without obtaining prior written consent from Kunduz Technologies.

  Time Limitation in Right Claims

  1. The User acknowledges that any claim arising from the relationship between the Kunduz Technologies must be made within one year of the date on which it arises, otherwise the claim cannot made legally.

  Governing Law and Venue

It has been declared and accepted by the parties that this Use Agreement, without regard to principles of international law, shall be ruled, interpreted and concluded in accordance with the laws of the Indian Constitution; all manner of records of Kunduz Technologies shall constitute direct evidence with regard to; Indian Courts and Enforcement Offices shall have jurisdiction in any case of dispute and controversy.T

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